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USDOT/FMCSA Update

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382.201, 382.215, & 391.41 Amended

Harmonizing Schedule I Drug Requirements

ACTION: Final rule.

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends the physical qualifications for drivers and the instructions for the medical examination report to clarify that drivers may not use Schedule I drugs and be qualified to drive commercial motor vehicles (CMVs) under any circumstances. The rule harmonizes FMCSA’s provisions regarding pre- employment and return-to-duty test refusals with corresponding Department of Transport (DOT)-wide provisions. Finally, the rule corrects inaccurate uses of the term “actual knowledge.”

The final rule removes the term “controlled substance” from §§ 382.213 and 391.41(b)(12) and replaces it with “drug or substance.”

“If a driver uses an amphetamine, a narcotic or any other habit-forming drug, it may be cause for the driver to be found medically unqualified. If a driver uses a Schedule I drug or substance, it will be cause for the driver to be found medically unqualified.” This change harmonizes the Instructions with the other changes made in this final rule. Specifically, the amended rule makes clear that a driver using a Schedule I drug or substance is not medically qualified to drive under any circumstances.

§ 382.201 [Amended]
§ 382.215 [Amended]
391.41 Physical qualifications for drivers [Amended]

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