Prohibition on Engaging in U.S. Point-to-Point Transportation

Prohibition on U.S. point-to-point transportation

Prohibition on Engaging in U.S. Point-to-Point Transportation

The prohibition on Mexico-domiciled motor carriers from engaging in U.S. point-to-point (domestic) transportation was established in the North American Free Trade...

Why does the Federal Motor Carrier Safety Administration (FMCSA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FMCSA does not allow a Federal, State or local law enforc

Section § 382.303: Post-accident testing.

Question 1: Why does the Federal Motor Carrier Safety Administration (FMCSA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FMCSA does not...

Question 1: What is the fine or penalty for employers who refuse or fail to provide Part 382 testing information to a subsequent employer?

Section § 382.507: Penalties.

Question 1: What is the fine or penalty for employers who refuse or fail to provide Part 382 testing information to a subsequent employer?

Guidance: Title 49 U.S.C. 521(b)(2)(A) provides for civil penalties for each instance...

Once an employee is randomly tested during a calendar year, is his/her name removed from the pool of names for the calendar year?

Guidance that the names of drivers tested earlier in the year must be returned to the pool for each new selection

Section § 382.305: Random testing.

Question 6: Once an employee is randomly tested during a calendar year, is his/her name removed from the...

A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she tested positive. The driver applies for work wi

Section § 382.301: Pre-employment testing.

Question 7: A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she...

May a Commercial Driver's License (CDL) driving skills test examiner conduct a driving skills test administered in accordance with 49 CFR part 383 before a person subject to part 382 is tested for alcohol and controlled substances?

Section § 382.301: Pre-employment testing.

Question 6: May a Commercial Driver's License (CDL) driving skills test examiner conduct a driving skills test administered in accordance with 49 CFR part 383 before a person subject to part 382 is tested for alcohol and...

What must an employer do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)?

Section § 382.301: Pre-employment testing.

Question 5: What must an employer do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)?

Guidance: An employer must meet all requirements in §382.301(c)(1) and (2), including...

Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) be pre-employment drug tested each season when they return to work?

Section § 382.301: Pre-employment testing.

Question 4: Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) be pre-employment drug tested each season when they return to work?

Guidance: If...

May an employer use the results of another program in which a driver participates to satisfy random testing requirements if the driver is used by the employer only occasionally?

Using another’s program to satisfy random testing requirements

Section § 382.305: Random testing.

Question 5: May an employer use the results of another program in which a driver participates to satisfy random testing requirements if the driver...

Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated?

Section § 382.301: Pre-employment testing.

Question 3: Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated?

Guidance: Yes. A controlled substances test must be administered any...