Applicability to part 382 student drivers and driver training schools

Question:

Is a person who is attending a truck driving school, and does not yet have a commercial learner’s permit (CLP) or CDL, required to complete the part 40, subpart O return-to-duty process if they test positive on a drug or alcohol test administered by the school?

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Section § 382.103: Applicability

Section § 382.103: Applicability.

Question 2a: Are students training to be commercial motor vehicle drivers subject to drug and alcohol testing?

Guidance:  Yes.  The regulations in 49 CFR Part 382 apply to drivers operating a commercial motor vehicle (...

Regulatory Guidance Concerning Electronic Signatures and Documents

Regulatory Guidance Concerning Electronic Signatures and Documents

Federal Register Title and Cite

Regulatory Guidance Concerning Electronic Signatures and Documents, 76 Fed. Reg. 411 (Jan. 4, 2011)

The Federal Register text can be found on...

ELD FAQ10: Electronic Logging Devices and Hours of Service

NOTE: This guidance was rescinded as unnecessary on March 10, 2022, because the information contained therein was readily available in existing guidance. See ELD Functions: https://www.fmcsa.dot.gov/hours-service/elds/eld-functions.

FMCSA-HOS-...

Regulatory Guidance Concerning the Applicability of the Federal Motor Carrier Safety Regulations to Texting by Commercial Motor Vehicle Drivers, 75 Fed. Reg. 4305

Federal Register Title and Cite

Regulatory Guidance Concerning the Applicability of the Federal Motor Carrier Safety Regulations to Texting by Commercial Motor Vehicle Drivers, 75 Fed. Reg. 4305 (Jan. 27, 2010)

The Federal Register text can be found on the...

May a motor carrier require fingerprinting as a pre-employment condition?

May a motor carrier require fingerprinting as a pre-employment condition?

Guidance: The FMCSRs do not require or prohibit fingerprinting as a condition of employment. § 390.3(d) allows employers to enforce more stringent requirements.

What constitutes a “serious pattern” of violations?

Question 1: What constitutes a “serious pattern” of violations?

Guidance: A serious pattern constitutes violations that are both widespread and continuing over a period of time. A serious pattern is more than isolated violations. A serious pattern does not require a specific number of...

Regulatory Guidance Concerning the Applicability of the Federal Motor Carrier Safety Regulations to Texting by Commercial Motor Vehicle Drivers, 75 Fed. Reg. 4305

Federal Register Title and Cite

Regulatory Guidance Concerning the Applicability of the Federal Motor Carrier Safety Regulations to Texting by Commercial Motor Vehicle Drivers, 75 Fed. Reg. 4305 (Jan. 27, 2010)

The Federal Register text can be found on the...

How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment, and...

Are personnel involved in road testing CMVs across a State line subject to the FMCSRs?

Are personnel involved in road testing CMVs across a State line subject to the FMCSRs?

Guidance: Yes, any driver (including mechanics, technicians, driver trainees and other personnel) operating a CMV in interstate commerce must be in compliance with the FMCSRs.