[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR392.5]

[Page 1025-1026]
 
                        TITLE 49--TRANSPORTATION
 
        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
                      DEPARTMENT OF TRANSPORTATION
 
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES--Table of Contents
 
                           Subpart A--General
 
Sec. 392.5  Alcohol prohibition.

    (a) No driver shall--
    (1) Use alcohol, as defined in Sec. 382.107 of this subchapter, 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) of this section; 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 provisons of 
paragraph (a) or (b) of this section 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 this section.
    (d) Any driver who is issued an out-of-service order under this 
section 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 Division Administrator or State 
Director for the geographical area or the Administrator.
    (e) Any driver who is subject to an out-of-service order under this 
section may petition for review of that order by submitting a petition 
for review in writing within 10 days of the issuance

[[Page 1026]]

of the order to the Division Administrator or State Director for the 
geographical area in which the order was issued. The Division 
Administrator or State Director may affirm or reverse the order. Any 
driver adversely affected by such order of the Regional Director of 
Motor Carriers may petition the Administrator for review in accordance 
with 49 CFR 386.13.

(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)

[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 
59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996]