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There are questions that must be asked to determine whether or not the FMCSA drug and alcohol testing regulations apply to a particular driver.
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- Does the driver operate a commercial motor vehicle in commerce in any state, and is he/she subject to commercial driver's license requirements of 49 CFR Part 383, and 382.103.
- Does that driver's state of domicile require him or her to have a Commercial Driver's License (CDL) in order to operate the type of equipment he/she is hired to operate? If the answer to that question is "yes," you must then ask if that CDL holder will ever be called upon to drive one of the following types of vehicles:
- a vehicle having a Gross Vehicle Weight Rating (GVWR) as assigned by the manufacturer of 26,001 pounds or more; or
- a combination of motor vehicles having a Gross Combination Weight Rating of 26,001 pounds or more, inclusive of a towed vehicle
having a weight rating of 10,000 pounds or more; or
- a vehicle designed to transport 16 or more passengers, including the driver; or
- a vehicle, regardless of size or rating, that carries hazardous materials in a quantity that requires placarding.
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The definition of driver includes any person who operates a CMV, including, but not limited to, full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers; and independent owner-operator contractors.
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It makes no difference if the motor vehicle is not used to transport goods for a fee. It makes no difference whether or not the drivers engage in interstate transportation. It makes no difference if they drive a commercial motor vehicle only once a year. Any CDL holder who drives one of the above described vehicles must participate in a drug and alcohol testing program that complies with the regulations. They must also, prior to driving, be qualified under the regulations.
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A few other examples of covered employees:
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- Mechanics who test drive vehicles on public roads are subject to the CDL requirements and would also be subject to the testing requirements if they drive one of the vehicles described on this page.
- Employees driving unhitched tractors ("bobtailing").
- School bus drivers, whether they work for a private contractor or for a government entity.
- Local (meaning cities, townships or counties), State, or Federal employees driving one of the described vehicles.
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