392.4 - OOS Order for 24 hours for Drugs and Other Substances

A driver was placed OOS at a weigh station in Montana for 24 hours after being found in possession of a Schedule I narcotic. The driver drove away after only serving a few hours of the OOS order and was stopped hundreds of miles away at a different weigh station in Montana. The current federal regulation of 392.4 does not specify that a driver should not violate the terms of an OOS order, and thus the current OOS criteria under “7. Drugs and Other Substances” does not have a section for an Out of Service Order Violation similar to the one found under section C of “8. Intoxicating Beverages”. If a driver violates an OOS order after being placed OOS for 24 hours due to a drug offense, there is no recourse under the current Federal Regulations and OOSC.

Language is needed within 49 CFR 392.4 which places a driver OOS for 24 hours, and also language that the driver shall not violate the terms of the OOS order. If FMCSA updates 392.4 with the same language found in 392.5(c), then the OOSC could be updated to place a driver OOS for 24 hours, after being caught violating the original OOS order.

Petition FMCSA to update 392.4 to include language which places the driver OOS for 24 hours and language stating that the driver shall not violate the terms of an OOS order. The suggested changes should mirror the language found within 392.5(c). If or when FMCSA updates 392.4, then CVSA should update the OOSC with language placing the driver OOS for 24 hours for violating the drugs and other substances OOS order. Suggested language found in 392.5: (c) Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours. (1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order. (2) No driver shall violate the terms of an out-of-service order issued under this section. Suggested language for OOSC if 392.4 is updated: 8. Drugs and Other Substances d. Out-of-Service Order Violation Driver violating any roadside out-of-service order regarding drugs and other substances. 392.4 Declare driver out of service for 24 consecutive hours. NOTE: The driver would not be declared out of service if the driver has taken time off equivalent to the original out-of-service order.