49 C.F.R. § 392.5

Alcohol prohibition

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(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, or 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—

(1) Violate any provision of paragraph (a) of this section; or

(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.

(c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.

(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.

(2) No driver shall violate the terms of an out-of-service order issued under this section.

(d) Any driver who is issued an out-of-service order under this section shall:

(1) Report such issuance to his/her employer within 24 hours; and

(2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.

(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Administrator for review in accordance with 49 CFR 386.13.

(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60) [47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996; 66 FR 49874, Oct. 1, 2001; 79 FR 59457, Oct. 2, 2014]

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1976–2026 · leading case: Schmidt v. Safeway Inc.

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Schmidt v. Safeway Inc. (1994) ord · cites it 4× “49 C.F.R. § 392.5 (a)(1). A driver is “under the influence of’ an intoxicating beverage if his alcohol concentration, as measured by a blood or breath test, is .”

Clarke v. Vandermeer (1987) wyo · cites it 4× “" The source of this instruction is a federal regulation, 49 CFR § 392.5 . The court refused this instruction because the subject was already covered in the following instruction given by the court: "Whether or not a person involved in the occurrence was intoxicated at the time…”

State v. Bowery (2004) tenncrimapp · cites it 2× “The basis of its argument is that 49 C.F.R. § 392.5 (a)(2) declares that it is unlawful to drive a commercial vehicle with “any measured alcohol concentration or detected presence of alcohol.”

Amalgamated Meat Cutters and Butcher Workmen of North America Afl-Cio, Local Union 540 v. Great Western Food Company (1983) ca5 “” Among other things, compliance could have subjected Great Western to liability under 49 C.F.R. § 392.5 (b)(2). The court abused its discretion in granting the union its fees.”

Turner v. Secretary of State (2011) me · cites it 2× “However, the sergeant noted that, by his own admission, Turner was in violation of a federal regula *1190 tion prohibiting drivers from consuming alcohol during the four hours before operating commercial vehicles, see 49 C.F.R. § 392.5 (a)(1), (2) (2010). If commercial drivers…”

People v. Blackorby (1992) ill “” 49 C.F.R. §392.5 (1990). By incorporating the Federal regulations into the Illinois regulations, the State imposed a number of rules upon the drivers of motor carriers upon the roads of Illinois, in addition to the above.”

Motor Vehicle Administration v. Carpenter (2012) md “51 Table 1, or 49 C.F.R. § 392.5 (a)(2)[.] 7 . Section 16-205.”

Wilson v. State Ex Rel. Office of Hearing Examiner (1992) wyo · cites it 2× “§ 2707(d) (1990); 49 CFR 392.5 (1991). [3] The only authoritative discussion provided within this record is found in correspondence where the Attorney General's office addresses an offered and later withdrawn settlement arrangement for the case accepting extension of the…”

American Trucking Associations, Incorporated v. Federal Highway Administration United States Department of Transportatio (1995) ca4 · cites it 2× “7515 (amending 49 C.F.R. § 392.5 (a)(2)). The testing provisions retained the requirements for pre-employment testing, in addition to post-accident, reasonable suspicion, and random testing.”

Vaughan v. Hair (1994) lactapp “Plaintiff finally contends that Chemical Control should be responsible for his injuries because Chemical Control allegedly violated 49 C.F.R. § 392.5 , which prohibits drivers from consuming intoxicating beverages or being under their influence while on duty or while operating a…”

Vargas v. FMI, Inc. (2015) calctapp “” ( 49 C.F.R. § 392.5 (2014).) No motor carrier “shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those…”

People v. Dovgan (2011) illappct · cites it 4× “2, as prohibited by 49 CFR 392.5, in violation of Chapter 625, Section 5/18b-103, Section 5/18b-105 and section 5/18b-108(b) of the Illinois Compiled Statutes ***.”

Show all 24 citing cases →

— 49 C.F.R. § 392.5(a)(1) — 1 case

Martinez v. Continental Tire The Americas, LLC (2020) nmd

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