[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: 49CFR392.4]



[Page 353-354]

 

                        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 354]]



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]