[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR382.103]



[Page 160]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 382_CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of 

Contents

 

                            Subpart A_General

 

Sec. 382.103  Applicability.



    (a) This part applies to every person and to all employers of such 

persons who operate a commercial motor vehicle in commerce in any State, 

and is subject to:

    (1) The commercial driver's license requirements of part 383 of this 

subchapter;

    (2) The Licencia Federal de Conductor (Mexico) requirements; or

    (3) The commercial drivers license requirements of the Canadian 

National Safety Code.

    (b) An employer who employs himself/herself as a driver must comply 

with both the requirements in this part that apply to employers and the 

requirements in this part that apply to drivers. An employer who employs 

only himself/herself as a driver shall implement a random alcohol and 

controlled substances testing program of two or more covered employees 

in the random testing selection pool.

    (c) The exceptions contained in Sec. 390.3(f) of this subchapter do 

not apply to this part. The employers and drivers identified in Sec. 

390.3(f) of this subchapter must comply with the requirements of this 

part, unless otherwise specifically provided in paragraph (d) of this 

section.

    (d) Exceptions. This part shall not apply to employers and their 

drivers:

    (1) Required to comply with the alcohol and/or controlled substances 

testing requirements of part 655 of this title (Federal Transit 

Administration alcohol and controlled substances testing regulations); 

or

    (2) Who a State must waive from the requirements of part 383 of this 

subchapter. These individuals include active duty military personnel; 

members of the reserves; and members of the national guard on active 

duty, including personnel on full-time national guard duty, personnel on 

part-time national guard training and national guard military 

technicians (civilians who are required to wear military uniforms), and 

active duty U.S. Coast Guard personnel; or

    (3) Who a State has, at its discretion, exempted from the 

requirements of part 383 of this subchapter. These individuals may be:

    (i) Operators of a farm vehicle which is:

    (A) Controlled and operated by a farmer;

    (B) Used to transport either agricultural products, farm machinery, 

farm supplies, or both to or from a farm;

    (C) Not used in the operations of a common or contract motor 

carrier; and

    (D) Used within 241 kilometers (150 miles) of the farmer's farm.

    (ii) Firefighters or other persons who operate commercial motor 

vehicles which are necessary for the preservation of life or property or 

the execution of emergency governmental functions, are equipped with 

audible and visual signals, and are not subject to normal traffic 

regulation.



[[Page 161]]