Environmental Assessment for 2020 Final Rule

FMCSA prepared a Final Environmental Assessment for the 2011 Hours-of-Service (HOS) Final Rule that makes changes to the HOS regulations issued in 2008. The HOS regulations apply to operators of commercial motor vehicles (CMVs) and CMV drivers engaged in interstate commerce, and address...

Summary of Hours of Service Regulations

The following table summarizes the HOS regulations for property-carrying and passenger-carrying drivers.

11912 HM Routing Notice 2020

If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for controlled substances or a test result of less than 0.04 al

Section § 382.503: Required evaluation and testing.

Question 1: If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for...

Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the information on behalf of an entity such as a motor carrier) to release driver information that is

§ 382.413: Inquiries for alcohol and controlled substances information from previous employers.

Question 4: Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the...

Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances and/or 0.04 alcohol concentration test result within the previous two years.

Section § 382.413: Inquiries for alcohol and controlled substances information from previous employers

Question 2: Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances...

What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written consent?

Section § 382.413: Inquiries for alcohol and controlled substances information from previous employers.

Question 1: What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written...

What is meant by the term "as required by law" in relation to State or local laws for disclosure of public records relating to a driver’s testing information and test results?

Section § 382.405: Access to facilities and records.

Question 5: What is meant by the term "as required by law" in relation to State or local laws for disclosure of public records relating to a driver’s testing information and test results?

Guidance: The...

May an employer (motor carrier) disclose information required to be maintained under 49 CFR part 382 (pertaining to a driver) to the driver or the decision maker in a lawsuit, grievance, or other proceeding (including, but not limited to, worker’s compens

Section § 382.405: Access to facilities and records.

Question 4: May an employer (motor carrier) disclose information required to be maintained under 49 CFR part 382 (pertaining to a driver) to the driver or the decision maker in a lawsuit, grievance, or other...

May employers allow unions or the National Labor Relations Board to view or have access to test records required to be prepared and maintained by parts 40 and/or 382, such as the list(s) of all employees actually tested?

Section § 382.405: Access to facilities and records.

Question 3: May employers allow unions or the National Labor Relations Board to view or have access to test records required to be prepared and maintained by parts 40 and/or 382, such as the list(s) of all...