What does 49 CFR 383.72 (Implied consent to alcohol testing) require?

Short answer

49 CFR 383.72 requires that any person who holds a CLP or CDL is considered to have consented to alcohol testing as required by any State or jurisdiction. Consent is implied by driving a commercial motor vehicle.

The rule says

"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." (49 CFR 383.72)

In plain English

This means that by driving a commercial vehicle, a driver is implicitly agreeing to undergo alcohol testing if required by state or federal regulations. This implied consent is a condition of holding a commercial driver's license, and it allows authorities to conduct alcohol tests without needing explicit consent from the driver each time. In practice, this rule supports the enforcement of alcohol testing requirements, helping to ensure that commercial drivers are fit to operate their vehicles safely.

What to do

• Ensure all commercial drivers understand the concept of implied consent and its implications for alcohol testing.
• Review state and federal regulations regarding alcohol testing to ensure compliance.
• Develop procedures for handling situations where a driver refuses an alcohol test, as this can lead to serious consequences, including loss of driving privileges.