C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 383—COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart E—Testing and Licensing Procedures

49 C.F.R. § 383.72

Implied consent to alcohol testing

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Any person who holds a CLP or CDL or is required to hold a CLP or CDL is considered to have consented to such testing as is required by any State or jurisdiction in the enforcement of item (4) of Table 1 to § 383.51 of this subpart and § 392.5(a)(2) of this subchapter. Consent is implied by driving a commercial motor vehicle.

[80 FR 59072, Oct. 1, 2015]
Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Int'l Bhd. of Teamsters v. Peña, 17 F.3d 1478 (D.C. Cir. 1994).
Sort: Relevance Newest Treatment
Int'l Bhd. of Teamsters v. Peña, 17 F.3d 1478 (D.C. Cir. 1994). “drivers holding a CDL are ipso facto deemed to have consented to testing for alcohol use, 49 CFR § 383.72 , while the Memorandum of Understanding makes no mention of such testing, a similar consent is inferred simply from “driving a commercial motor vehicle”, id.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.