49 C.F.R. § 382.501
Removal from safety-sensitive function
(a) Except as provided in subpart F of this part, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by subpart B of this part or an alcohol or controlled substances rule of another DOT agency.
(b) No employer shall permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the employer has determined that the driver has violated this section.
(c) For purposes of this subpart, commercial motor vehicle means a commercial motor vehicle in commerce as defined in § 382.107, and a commercial motor vehicle in interstate commerce as defined in part 390 of this subchapter.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2000–2023 · leading case: Veilleux v. Nat'l Broad. Co., 206 F.3d 92 (1st Cir. 2000).
Veilleux v. Nat'l Broad. Co., 206 F.3d 92 (1st Cir. 2000). “…run. Under relevant DOT regulations, however, the test results were clearly material to his suitability to drive. See 49 C.F.R. § 382.501 (1998).”
Key Star Partners, LLC v. Insignia Disposal Servs., LLC (E.D. Pa. 2023). “Insignia discovered this when the Department of Transportation notified TRI after Closing that TRI was in violation of 49 C.F.R. § 382.501 (a), which prohibits employers from allowing a driver who violated the regulation’s drug and alcohol rules to drive a commercial motor…”
Insignia Disposal Servs., LLC v. Hrebenar (E.D. Pa. 2023). “Insignia discovered this when the Department of Transportation notified TRI after closing that TRI was in violation of 49 C.F.R. § 382.501 (a), which prohibits employers from allowing a driver who violated the regulation’s drug and alcohol rules to drive a commercial motor…”
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