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Significant Regulatory Guidance

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Significant Regulatory Guidance
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An employer or State government agency requires CDLs for drivers of motor vehicles: (1) with a GVWR of 26,000 pounds or less; (2) with a GCWR of 26,000 pounds or less inclusive of a towed unit with a GVWR of 10,000 pounds or less; (3) designed to transpor

Section § 382.103: Applicability.

Question 4: An employer or State government agency requires CDLs for drivers of motor vehicles: (1) with a GVWR of 26,000 pounds or less; (2) with a GCWR of 26,000 pounds or less inclusive of a towed unit with a GVWR of 10,000 pounds or less; (3)...

Are part 382 alcohol and drug testing requirements applicable to firefighters in a State which gives them the option of obtaining a CDL or a non-commercial class A or B license restricted to operating fire equipment only?

Section § 382.103: Applicability.

Question 3: Are part 382 alcohol and drug testing requirements applicable to firefighters in a State which gives them the option of obtaining a CDL or a non-commercial class A or B license restricted to operating fire equipment only?

Guidance...

Are volunteer drivers subject to alcohol and drug testing?

Section § 382.103: Applicability.

Guidance Q&A

Question 10: Are volunteer drivers subject to alcohol and drug testing?

Guidance: Yes. The applicability of Part 382 is coextensive with Part 383. The definition of “driver” in §382.107 and the definition of “employee...

Which users are charged a fee for using the Clearinghouse?

Guidance on who is charged a fee

Q&A

Which users are charged a fee for using the Clearinghouse?

Guidance: 

The Drug and Alcohol Clearinghouse statute allows the Federal Motor Carrier Safety Administration (FMCSA) to collect Clearinghouse fees when...

If a driver has a drug and alcohol program violation in one State, then applies for a commercial driver’s license (CDL) in another State, will the Clearinghouse be able to connect that driver’s drug and alcohol violation history to the new CDL?

Guidance on drivers with drug and alcohol program violations in multiple states

Q&A

If a driver has a drug and alcohol program violation in one State, then applies for a commercial driver’s license (CDL) in another State, will the Clearinghouse be able to connect that driver’s...

Do the FMCSRs apply to Indian Tribal Governments?

Question 20: Do the FMCSRs apply to Indian Tribal Governments?

Guidance: Under § 390.3T(f)(2), transportation performed by the Federal Government, States, or political subdivisions of a State is generally exempt from the FMCSRs. Since 1997, FHWA and FMCSA have likewise not...