[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: 49CFR382.213]



[Page 165-166]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

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

Contents

 

                         Subpart B_Prohibitions

 

Sec. 382.213  Controlled substances use.



    (a) No driver shall report for duty or remain on duty requiring the 

performance of safety-sensitive functions when the driver uses any 

controlled substance, except when the use is pursuant to the 

instructions of a licensed medical practitioner, as defined in Sec. 

382.107, who has advised the driver that the substance will not 

adversely affect the driver's ability to safely operate a commercial 

motor vehicle.

    (b) No employer having actual knowledge that a driver has used a 

controlled substance shall permit the driver to perform or continue to 

perform a safety-sensitive function.



[[Page 166]]



    (c) An employer may require a driver to inform the employer of any 

therapeutic drug use.