[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: 49CFR392.5]



[Page 354]

 

                        TITLE 49--TRANSPORTATION

 

                      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 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]