---
kind: "section"
citation: "49 C.F.R. § 392.4"
title: "49"
number: "392.4"
heading: "Drugs and other substances."
url: "https://uscodex.org/cfr/49/392.4"
---

# §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:
  - (1) Any [21 CFR 1308.11](/cfr/21/1308.11.md) 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)](#a) of this section.
- (c) [Paragraphs (a)](#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](/cfr/49/382.107.md) 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.

## Notes

### 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]