OOSC, Part I, Item 7. a. Possession of Drugs or Alcohol - OOS Order

Under 392.4 in the FMCSRs, no driver shall be on duty and possess, be under the influence of, or use any drugs or other substances not prescribed by a medical doctor. On 2/17/21 a CMV driver was inspected and found to be in possession of marijuana and morphine (not prescribed). The driver was criminally charged for narcotic possession. In accordance with OOSC, Part I, Item 7. a. - Possession of Drugs or Alcohol the driver was placed out-of-service for 24 hours. On 2/18/21 that same CDL driver was stopped for operating a CMV prior to the expiration of the 24 hour out-of-service order. The OOSC, Part I, Item 7 does not have a section addressing out-of-service order violations. The OOSC Part 1, Item 8.c gives a 24 hour out of service to drivers found violating out of service orders regarding intoxicating beverages. OOSC Part 1, item 9c gives a 10 hour out of service to drivers found violating out-of-service orders regarding hours of service. The driver in question did not have hours of service or intoxicating beverage violations. The driver admitted he jumped the out-of-service order and began driving 3 hours early. By the end of the inspection on 2/18/21 the driver had no time remaining in the original out-of-service order.

Can the driver be placed out of service for violating a roadside out-of-service order regarding drugs and other illegal substances? If so, how long is the driver out of service?

Add an out of service violation for drivers violating roadside out-of-service orders regarding drugs and other illegal substances that mirrors the one under intoxicating beverages.