§392.4. Drugs and other substances.
49 C.F.R. § 392.4
No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances:
Any 21 CFR 1308.11 Schedule I substance;
An amphetamine or any formulation thereof (including, but not limited, to “pep pills,” and “bennies”);
A narcotic drug or any derivative thereof; or
Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.
No motor carrier shall require or permit a driver to violate paragraph (a) of this section.
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.
As used in this section, “possession” does not include possession of a substance which is manifested and transported as part of a shipment.
Notes, amendments, and revision history
Amendments
[61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]
Authority
Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by sec. 32509 of Pub. L. 112-141, 126 Stat. 405-805 (2012); and 49 CFR 1.87.
Source
Source: 33 FR 19732, Dec. 25, 1968, unless otherwise noted.
Amendments
[61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]