Must a notice be given before each test or will a general notice given to drivers suffice?

Section § 382.113: Requirement for notice.

Question 1: Must a notice be given before each test or will a general notice given to drivers suffice?

Guidance: A driver must be notified before submitting to each test that it is required by part 382. This...

What is an owner-operator?

Section § 382.107: Definitions.

Question 1: What is an owner-operator?

Guidance: The Federal Motor Carrier Safety Administration (FMCSA) neither defines the term "owner-operator" nor uses it in regulation. The FMCSA regulates "employers" and "drivers...

Why does §382.307(b) allow an employer to use indicators of chronic and withdrawal effects of controlled substances in the observations to conduct a controlled substances reasonable suspicion test, but does not allow similar effects of alcohol use to be u

Section § 382.307: Reasonable suspicion testing.

Question 2: Why does §382.307(b) allow an employer to use indicators of chronic and withdrawal effects of controlled substances in the observations to conduct a controlled substances reasonable suspicion test, but...

May a reasonable suspicion alcohol test be based upon any information or observations of alcohol use or possession, other than a supervisor’s actual knowledge?

Section § 382.307: Reasonable suspicion testing

Question 1: May a reasonable suspicion alcohol test be based upon any information or observations of alcohol use or possession, other than a supervisor’s actual knowledge?

Guidance: No. Information...

Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-counter medication?

Section § 382.105: Testing procedures.

Question 4: Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-...

How long does it take to get an MX number, Certificate of Registration and USDOT Number?

Registration requirement for Mexico-domiciled motor carriers.

FAQ003:  How long does it take to get an MX number, Certificate of Registration and USDOT Number?

Answer:  The time it takes to obtain operating authority varies depending on the application submitted and...

Will foreign drug testing laboratories need to be certified by the National Institute on Drug Abuse (NIDA)? Will they need to be certified by the Department of Health and Human Services (DHHS)?

Section § 382.105: Testing procedures.

Question 3: Will foreign drug testing laboratories need to be certified by the National Institute on Drug Abuse (NIDA)? Will they need to be certified by the Department of Health and Human Services (DHHS)?

Guidance:...

§391.15 Disqualification of drivers.

§391.15 Disqualification of drivers.

Question 4: What are the differences between the disqualification provisions listed in §383.51 and 383.5 and those listed in §391.15?

Guidance: Part 383 disqualifications are applicable generally to drivers who possess...

What happens if I operate in the without authority?

Registration requirement for Mexico-domiciled motor carriers

FAQ004:  What happens if I operate in the without authority?

Answer:  A number of things could happen if you operate without authority. Regulations found at 49 CFR 392.9a(b) require that carriers operating...

A driver does not have a photo identification card. Must an employer representative identify the driver in the presence of the Breath Alcohol Technician (BAT)/urine specimen collector or may the employer representative identify the driver via a telephone

Section § 382.105: Testing procedures.

Question 2: A driver does not have a photo identification card. Must an employer representative identify the driver in the presence of the Breath Alcohol Technician (BAT)/urine specimen collector or may the employer...