What is considered actual knowledge of a violation?

Guidance on employer and C/TPA responsibility for reporting actual knowledge violations to the Clearinghouse

What is considered actual knowledge of a violation?

Employers who have actual knowledge that a driver has used alcohol...

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...

Testing Pool Inclusions: Can an employer include in the DOT random testing pool non-CDL drivers who operate motor vehicles weighing less than 26,001 pounds?

Guidance on whether non-DOT covered employees may be placed in the DOT random testing pool.

Testing Pool Inclusions: Can an employer include in the DOT random testing pool non-CDL drivers who operate motor vehicles weighing less than 26,001 pounds?

No,...

Self-Admission: A driver admits to a company official that they have used a controlled substance, as defined in the National Institute of Drug Abuse (NIDA-5) for a 5 panel DOT drug test; however, the self-admission either does not meet the criteria under

Guidance on employee admissions

Self-Admission: A driver admits to a company official that they have used a controlled substance, as defined in the National Institute of Drug Abuse (NIDA-5) for a 5 panel DOT drug test; however, the self-admission either does not meet the...

Actual Knowledge – traffic citation: Would a document, other than a traffic citation, charging an employee-driver with operating a CMV while under the influence of drugs or alcohol provide a sufficient basis for the employer’s actual knowledge, as defined

Guidance on what charging documents provide a sufficient basis for the employer’s actual knowledge.

Actual Knowledge – traffic citation: Would a document, other than a traffic citation, charging an employee-driver with operating a CMV while under the influence of drugs or...

Actual Knowledge: What is “actual knowledge” as used in 49 CFR part 382, subpart B?

Guidance on what constitutes actual knowledge.

Actual Knowledge: What is “actual knowledge” as used in 49 CFR part 382, subpart B? 

“Actual knowledge” is defined in §382.107 and means actual knowledge by an employer that a driver has used alcohol...

Occasional Drivers: My company purchased a large truck that is over 26,001 lbs. gross vehicle weight rating (GVWR). We do not currently employ any commercial driver’s license (CDL) drivers. The vehicle has only been driven a few times by a family friend,

Guidance on whether drivers who receive no compensation must be in a DOT drug and alcohol program.

Occasional Drivers: My company purchased a large truck that is over 26,001 lbs. gross vehicle weight rating (GVWR). We do not currently employ any commercial driver’s...

When are drivers subject to the DOT Drug and Alcohol testing requirements?

Guidance on when a driver is subject to the FMCSA drug and alcohol testing requirements.

When are drivers subject to the DOT Drug and Alcohol testing requirements?

All drivers that operate in commerce a commercial...