FAQs answered by Kathy Close Who is subject to DOT drug and alcohol testing?
A driver operating a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL) is subject to 49 CFR Part 382. However, holding a CDL by itself is not an automatic qualifier for DOT testing. Someone who holds a CDL for personal reasons, but will never be called upon to operate a CDL vehicle is not in a safety-sensitive positions despite the licensing. Are non-CDL drivers operating vehicles weighing 10,001-26,000 pounds with no placardable quantities of hazmat subject to medical qualifications?
Parts 390-399, which includes the medical card in Part 391, applies to the operation of a commercial motor vehicle as defined in §390.5:
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
As you can see, both CDL and non-CDL vehicle types are represented in this definition. For intrastate-only drivers, the state may have a different definition for applicability.
Is a motor vehicle record (MVR) requires after each driver physical?
For non-CDL drivers, there is no requirement to request an MVR following a medical exam. The state is not tracking the medical status, and it is not tied to licensing.
On the other hand, an interstate driver who holds a CDL and is required to have a medical card must provide the state of licensing with his or her medical card soon after the exam, so the state can add the information the to the MVR. The CDL holder’s license is tied to the medical status. The driver must do this after each driver physical. The employer must request an MVR within 15 days of each exam showing this most recent physical was added to the record. Can a former DOT-regulated employer charge for a safety performance history inquiry?
Yes. The Federal Motor Carrier Safety Administration (FMCSA) allows a carrier or its service provider to charge a fee for the inquiry. However, the former employer or its service provider cannot without the data pending payment. They must release the information within 30 days of receiving the request regardless.
Products written by Kathy Close
Transportation Security & Risk Management Today
Everyday Drug & Alcohol Program Management