OOSC, Part I, Item 7. Drugs and Other Substances, (c) Prohibited from Performing Safety-Sensitive Functions
| Entry Date | April 26, 2021 |
|---|---|
| Issue Number | 21-017-DRV |
| Name | Jonathan Olsen |
| Agency | MN State Patrol |
| Address | 1110 Centre Pointe Curve, Suite 410Mendota Heights, Minnesota, 55120United StatesMap It (opens in a new tab) |
| Phone | 6513502012 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | The CVSA OOSC Part 1, 7(c), details the out-of-service actions that are required to be taken when a driver is found to be prohibited from performing safety-sensitive functions per 49 CFR 382.501(a). The OOSC criteria states that safety sensitive functions include the operation of a commercial motor vehicle defined in 390.5 and operated in interstate or intrastate commerce. However, the issue is 49 CFR 382.501 does not support enforcement from placing a driver from operating a non-CDL required vehicle, in intrastate commerce. 49 CFR 392.501, subdivision c, defines a commercial motor vehicle as a vehicle that requires a CDL (382.107) and a vehicle greater than 10,000 pounds engaged in INTERSTATE commerce (390.5). No where in the regulation does it prohibit an enforcement officer from placing a driver, operating a non-CDL required vehicle, in intrastate commerce. If the regulation does not support it, then CVSA should not be directing enforcement staff to place a driver out of service for it. |
| Justification or Need | See above. |
| Request for Action | Remove the word 'intrastate' from Policy 1, 7(c) from the out of service criteria. |