OOSC, Part I, Item 8. Intoxicating Beverages - a. Under the Influence

CVSA OOS Guide does not follow FMCSA regulations under CFR 382.501. A revision should be based on changes to the actual knowledge definition in CFR 382.107: "traffic citation" means a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or controlled substances. Currently a driver is only placed out of service for 24 hours roadside. Motor carriers are required to comply with Part 40 Subpart O for the return to duty process. If a driver is charged with a ticket, complaint, OR OTHER DOCUMENT the driver is required to be removed from safety sensitive functions. CFR 382.503 Required evaluation and testing: No employer shall permit a driver who has engaged in conduct prohibited by subpart B of this part to perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of part 40, subpart O, of this title.

The current 24 hour out of service condition should be limited to non DUI related offenses and non CDL drivers. CFR 382.501 - Removal from safety-sensitive function: (a)Except as provided in subpart F of this part, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by subpart B of this part or an alcohol or controlled substances rule of another DOT agency. (b) No employer shall permit any driver to perform safety-sensitive functions; including driving a commercial motor vehicle, if the employer has determined that the driver has violated this section. CFR 382.205 Subpart B - No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions. CFR 382.213 Subpart B - No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.

Update the prohibited driver OOS guidance to include drivers that receive a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or controlled substances. Therefore, drivers should not be allowed to return to duty, until the carrier has complied with Part 40 subpart O. Aspen could prompt officer for carrier official contacted for additional documentation of proof.