OOSC, Part I, Item 7. a. - Possession of Drugs or Alcohol
| Entry Date | April 16, 2020 |
|---|---|
| Issue Number | 20-010-DRV |
| Name | Richard A. Wieczorek Jr |
| Agency | Indiana State Police Commercial Vehicle Enforcement |
| Address | 1550 E. 181st AveLowell, Indiana, 46356United StatesMap It (opens in a new tab) |
| Phone | 219-363-5280 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | Under 392.4 in the FMCSRs, no driver shall be on duty and possess, be under the influence of, or use of any drugs or other substances not prescribed by a medical doctor. What if the driver has a passenger or co-driver that is not on duty and is in possession of a illegal substance while the CMV is being operated on the roadway. Does this still place the driver in violation for the passenger having a illegal substance while the CMV is being operated? |
| Justification or Need | Can the driver be placed Out of Service for 24 Hours for this violation? |
| Request for Action | Information |