Understanding Regulations: 49 CFR Part 382, Subpart B - Prohibited Conduct

Regulatory Text of 49 CFR Part 382, Subpart B:

 

**Subpart B - Prohibited Conduct**
  
**§ 382.201 - Alcohol Concentration of 0.04 or Greater.**

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

**§ 382.205 - Use of Alcohol.**

(a) No driver shall—
    (1) Use alcohol while performing safety-sensitive functions;
    (2) Be on duty or operate a commercial motor vehicle (CMV) if the driver possesses alcohol (as defined in §382.107) unless the alcohol is manifested and transported as part of a shipment; or
    (3) Use alcohol within four hours after—
        (i) Using alcohol while performing safety-sensitive functions; or
        (ii) Having been notified by a supervisor to report for duty to perform safety-sensitive functions.
(b) No employer having actual knowledge that a driver has used alcohol in violation of paragraph (a) of this section shall permit the driver to perform or continue to perform safety-sensitive functions.

**§ 382.207 - On-duty Use.**

No driver shall perform safety-sensitive functions within four hours after using alcohol.

**§ 382.209 - Pre-duty Use.**

No driver shall perform safety-sensitive functions within eight hours after using alcohol.

**§ 382.211 - 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 § 382.107 who has advised the driver that the substance will not 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 safety-sensitive functions.

**§ 382.213 - Controlled Substances Testing.**

No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive for controlled substances.

**§ 382.215 - Testing for Alcohol.**

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.02 or greater.

Plain English Summary of 49 CFR Part 382, Subpart B:

Title: Prohibited Conduct - Alcohol and Controlled Substances Use

Summary:

Subpart B of 49 CFR Part 382 sets forth strict regulations regarding the use of alcohol and controlled substances by drivers of commercial motor vehicles (CMVs) and the responsibilities of their employers. Below is a plain English explanation of these regulations:

Alcohol Concentration of 0.04 or Greater (§ 382.201):

• No driver is allowed to start or continue their duty, which involves safety-sensitive tasks, if they have an alcohol concentration of 0.04 or higher.
• Employers who are aware of a driver having an alcohol concentration of 0.04 or greater must not allow that driver to perform safety-sensitive functions.

Use of Alcohol (§ 382.205):

• Drivers are prohibited from using alcohol while performing safety-sensitive functions.
• Drivers are not permitted to be on duty or operate a CMV if they have alcohol (unless it's part of a shipment) or if they've used alcohol within four hours before their duty or being notified to report for duty.
• Employers who know that a driver has violated these rules by using alcohol must prevent the driver from performing safety-sensitive functions.

On-duty Use (§ 382.207):

• Drivers cannot perform safety-sensitive functions within four hours after using alcohol.

Pre-duty Use (§ 382.209):

• Drivers cannot perform safety-sensitive functions within eight hours after using alcohol.

Controlled Substances Use (§ 382.211):

• Drivers cannot report for duty or remain on duty for safety-sensitive functions if they use any controlled substances unless it's under the direction of a licensed medical practitioner who has advised that it won't affect their ability to operate a CMV safely.
• Employers who are aware of a driver's use of controlled substances must prevent them from performing safety-sensitive functions.

Controlled Substances Testing (§ 382.213):

• Drivers cannot report for duty, stay on duty, or perform safety-sensitive functions if they test positive for controlled substances.

Testing for Alcohol (§ 382.215):

• Drivers cannot report for duty or stay on duty for safety-sensitive tasks if they have an alcohol concentration of 0.02 or higher.

In essence, Subpart B aims to ensure that CMV drivers do not operate their vehicles while impaired by alcohol or controlled substances, promoting safety on the roads and highways. Employers play a crucial role in enforcing these regulations and preventing drivers from performing safety-sensitive functions when they are under the influence.