OOSC, Part I - Ineligible Drivers Due to Drug and Alcohol Program Out-of-Service Condition
| Entry Date | March 18, 2019 |
|---|---|
| Issue Number | 19-016-DRV |
| Name | Dave Yessen |
| Agency | USDOT/FMCSA |
| Address | 1200 New Jersey Ave, SEWashington, DC, 20590United StatesMap It (opens in a new tab) |
| Phone | (202)366-1812 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | To support the implementation of the Drug and Alcohol Clearinghouse as mandated in MAP-21 section 32402, FMCSA is requesting a new out of service condition for drivers who are ineligible due to a drug or alcohol program violation and are found to be operating at the roadside. Currently there is no out of service violation to handle these roadside occurrences. |
| Justification or Need | To promote safety at the roadside, drivers with positive drug or alcohol violations should not be operating CMVs until they properly complete their return-to-duty process. Drivers who are found to be operating CMVs should be placed out of service. As a result, this will improve safety on the roadways as drivers will not be performing safety sensitive functions, including operating a CMV until they have gone through proper rehabilitation. |
| Request for Action | Add a new out of service violation beginning in April 2020 to support the rulemaking implementation date (January 6, 2020). We are recommending to use 390.3(e) until an additional agency rulemaking is published which will add a new more specific violation section number. |