What does 49 CFR 392.4 (Drugs and other substances) require?

Short answer

49 CFR 392.4 requires that no driver be on duty and possess, be under the influence of, or use certain drugs or substances, including Schedule I substances, amphetamines, and narcotics.

The rule says

"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 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." (49 CFR 392.4(a))

In plain English

This rule is about keeping drivers safe on the road by prohibiting them from using or being under the influence of certain substances while on duty. The list of prohibited substances includes Schedule I substances, amphetamines, and narcotics, as well as any other substance that could impair a driver's ability to operate a vehicle safely. Motor carriers are also responsible for ensuring their drivers comply with this rule. In practice, this means that drivers should not be using these substances at all while on duty, and motor carriers should have policies in place to prevent and detect substance use.

What to do

• Ensure all drivers are aware of the substances prohibited by 49 CFR 392.4.
• Develop and enforce a policy that prohibits the use of these substances while on duty.
• Train drivers on the risks of substance use and the consequences of violating this rule.
• Regularly review and update your policy to ensure compliance with 49 CFR 392.4.