Driver Prohibitions.Part

The regulations require a driver to submit to an alcohol or drug test when the employer has reasonable suspicion to believe the driver has violated the drug and alcohol prohibitions in Part 382, Subpart B. The employer s suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. 

Whether, within the previous 3 years, the driver had violated the alcohol and drug prohibitions of Part 40 or Part 382, Subchapter B and... 

This new rule, which updates 40.331 by adding a new paragraph, formally allows the release of test results and refusal to test situations to state licensing agencies without the driver s direct consent. The regulation was necessary because of already existing privacy protections in Part 40, which prohibit the released of information to third parties without the driver s consent. The general privacy protections in Part 40 will still remain in effect, and will also cover the information collected by the states. 

Specific information concerning driver conduct that is prohibited by this part. (4) This element can be taken directly from Subpart B — Prohibitions, of Part 382. Make sure, at a minimum, there is language that incorporates these prohibitions in your written policy. 

The consequences for drivers found to have violated Subpart B of this Part, including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures under Part 40, Subpart 0, of this title. (9) Your policy must clearly state what the consequences are to a driver who violates the prohibitions listed in Subpart B of Part 382. For carriers that have a zero-tolerance policy, this is simple — you will provide the driver with a list of substance abuse professionals, and then terminate employment. For carriers that do not terminate, you must detail your SAP program in your written policy. 

Drivers are not off the hook in this proposal. To close a loophole that has been around for a while, the proposal would require drivers to notify (in writing) all current employers of any violations of the prohibitions in Part 382. The notification must be made before the end of the business day following the day the employee received notice of the violation, or prior to performing any safety-sensitive function, whichever comes first. 

Australian Road Rrtle 299 prohibits TV screerrs arrd ddeo display rrrrits from being seen by drivers while the vehicle is in motiorr, or stationary but not parked - and the device must not distract other drivers who are nearby. Australian Design Rule 42 (Section 18) states that all visual display rrrrits must not obscure the driver s vision, or impede driver or passenger movement in the vehicle and must not increase the risk of occupant injmy. This rule also states that, utrless a driver s aid, no part of the image on the display shortld be visible to the driver from the normal driving position. 

According to 392.4, the prohibitions do not apply if a non-Schdudule I controlled substance is administered to a driver by or under the instructions of a licensed medical practitioner, as defined in 382.107, who has advised the driver that the substance will not affect the driver s ability to safely operate a motor vehicle. In addition, possession does not include possession of a substance which is manifested and transported as part of a shipment. 

Information concerning driver conduct that is prohibited under Part 382. 

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