[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR392.4]

[Page 1125-1126]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 392_DRIVING OF COMMERCIAL MOTOR VEHICLES--Table of Contents
 
                            Subpart A_General
 
Sec. 392.4  Drugs and other substances.

    (a) No driver shall be on duty and possess, be under the influence 
of, or use, any of the following drugs or other substances:
    (1) Any 21 CFR 1308.11 Schedule I substance;
    (2) An amphetamine or any formulation thereof (including, but not 
limited, to ``pep pills,'' and ``bennies'');
    (3) A narcotic drug or any derivative thereof; or
    (4) Any other substance, to a degree which renders the driver 
incapable of safely operating a motor vehicle.
    (b) No motor carrier shall require or permit a driver to violate 
paragraph (a) of this section.
    (c) Paragraphs (a) (2), (3), and (4) do not apply to the possession 
or use of a substance administered to a driver by or under the 
instructions of a licensed medical practitioner, as defined in Sec. 
382.107 of this subchapter, who has advised the driver that the 
substance will

[[Page 1126]]

not affect the driver's ability to safely operate a motor vehicle.
    (d) As used in this section, ``possession'' does not include 
possession of a substance which is manifested and transported as part of 
a shipment.

[61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]