Attachment D, 49 CFR 392.3

Federal Motor Carrier Safety Administration, DOT

Subpart A—General
§ 392.1 Scope of the rules in this part.
Every motor carrier, its officers,
agents, representatives, and employees
responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring,
supervising, training, assigning, or dispatching of drivers, shall be instructed
in and comply with the rules in this
part.
[53 FR 18057, May 19, 1988, as amended at 60
FR 38746, July 28, 1995]

§ 392.2 Applicable operating rules.
Every commercial motor vehicle
must be operated in accordance with
the laws, ordinances, and regulations
of the jurisdiction in which it is being
operated. However, if a regulation of
the Federal Motor Carrier Safety Administration imposes a higher standard
of care than that law, ordinance or regulation, the Federal Motor Carrier
Safety Administration regulation must
be complied with.
[35 FR 7800, May 21, 1970, as amended at 60
FR 38746, July 28, 1995]

§ 392.3 Ill or fatigued operator.
No driver shall operate a commercial
motor vehicle, and a motor carrier
shall not require or permit a driver to
operate a commercial motor vehicle,
while the driver’s ability or alertness is
so impaired, or so likely to become impaired, through fatigue, illness, or any
other cause, as to make it unsafe for
him/her to begin or continue to operate
the commercial motor vehicle. However, in a case of grave emergency
where the hazard to occupants of the
commercial motor vehicle or other
users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to
the nearest place at which that hazard
is removed.
[35 FR 7800, May 21, 1970, as amended at 60
FR 38746, July 28, 1995]

§ 392.4 Drugs and other substances.
(a) No driver shall be on duty and
possess, be under the influence of, or
use, any of the following drugs or other
substances:

§ 392.5

(1) Any 21 CFR 1308.11 Schedule I substance;
(2) An amphetamine or any formulation thereof (including, but not limited, to ‘‘pep pills,’’ and ‘‘bennies’’);
(3) A narcotic drug or any derivative
thereof; or
(4) Any other substance, to a degree
which renders the driver incapable of
safely operating a motor vehicle.
(b) No motor carrier shall require or
permit a driver to violate paragraph (a)
of this section.
(c) Paragraphs (a) (2), (3), and (4) do
not apply to the possession or use of a
substance administered to a driver by
or under the instructions of a licensed
medical practitioner, as defined in
§ 382.107 of this subchapter, who has advised the driver that the substance will
not affect the driver’s ability to safely
operate a motor vehicle.
(d) As used in this section, ‘‘possession’’ does not include possession of a
substance which is manifested and
transported as part of a shipment.
[61 FR 9567, Mar. 8, 1996, as amended at 62 FR
37153, July 11, 1997]

§ 392.5 Alcohol prohibition.
(a) No driver shall—
(1) Use alcohol, as defined in § 382.107
of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial
motor vehicle; or
(2) Use alcohol, be under the influence of alcohol, or have any measured
alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of
one per centum of alcohol by volume,
beer as defined in 26 U.S.C. 5052(a), of
the Internal Revenue Code of 1954, and
distilled spirits as defined in section
5002(a)(8), of such Code. However, this
does not apply to possession of wine,
beer, or distilled spirits which are:
(i) Manifested and transported as
part of a shipment; or
(ii) Possessed or used by bus passengers.
(b) No motor carrier shall require or
permit a driver to—

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