Current through Register Vol. 48, No. 9, September 27, 2024
(a) No
driver shall
(1) Use alcohol, as defined in
Regulation Regulation
38-382.107
of this regulation, or be under the influence of alcohol, within 4 hours before
going on duty or operating, or having physical control of, a commercial motor
vehicle; or
(2) Use alcohol, be
under the influence of alcohol, or have any measured alcohol concentration or
detected presence of alcohol, while on duty, or operating, or in physical
control of a commercial motor vehicle; or
(3) Be on duty or operate a commercial motor
vehicle while the driver possesses wine of not less than one half of one per
centum of alcohol by volume, beer as defined in
26
U.S.C. 5052(a), of the
Internal Revenue Code of 1954, and distilled spirits as defined in section
5002(a)(8), of such Code. However, this does not apply to possession of wine,
beer, or distilled spirits which are:
(i)
Manifested and transported as part of a shipment; or
(ii) Possessed or used by bus
passengers.
(b) No motor carrier shall require or permit
a driver to
(1) Violate any provision of
paragraph (a); or
(2) Be on duty or
operate a commercial motor vehicle if, by the driver's general appearance or
conduct or by other substantiating evidence, the driver appears to have used
alcohol within the preceding four hours.
(c) Any driver who is found to be in
violation of the provisions of paragraph (a) or (b) shall be placed out of
service immediately for a period of 24 hours.
(1) The 24 hour out of service period will
commence upon issuance of an out of service order.
(2) No driver shall violate the terms of an
out of service order issued under 38-392.
(d) Any driver who is issued an out of
service order under 38-392 shall:
(1) Report
such issuance to his/her employer within 24 hours; and
(2) Report such issuance to a State official,
designated by the State which issued his/her driver's license, within 30 days
unless the driver chooses to request a review of the order. In this case, the
driver shall report the order to the State official within 30 days of an
affirmation of the order by either the Regional Director of Motor Carriers for
the Region or the Associate Administrator.
(e) Any driver who is subject to an out of
service order under 38-392 may petition for review of that order by submitting
a petition for review in writing within 10 days of the issuance of the order to
the Regional Director of Motor Carriers for the Region in which the order was
issued. The Regional Director of Motor Carriers may affirm or reverse the
order.
