Federal Motor Carrier Safety Regulations, Semi Tractor-Trailers and Drunk Driving

Drunk Driving causes serious personal injury and wrongful death.  Drunk Driving in a semi tractor-trailer magnifies the danger to Hoosier families.  Alcohol, speed and great weight are a recipe for disaster.  The Federal Government recognizes this danger and has taken steps to minimize the danger associated with big trucks being operated by drunk drivers.  Of course, the reputable and smart corporations and drivers recognize that drunk driving is not in their best interest either.  The reputable and smart companies and drivers take steps to insure that alcohol is not used when the driver is operating a semi tractor-trailer.  However, there are always those few companies, and those few drivers who do not know how the use of alcohol and driving drunk will hurt not only others, but themselves and their businesses.

We have copied the pertinent rules from the Federal Motor Carrier Safety Regulations and pasted them below for your ease of reference.  As you can see each employer is required to conduct alcohol, and illicit drug, testing as an ongoing part of the drive to reduce drunk driving accidents. We study these rules and know that a violation of these rules indicate that the violators are not being careful and how that lack of being careful has caused you and your family serious injury and possibly wrongful death.  If you have any questions about a semi tractor-trailer collision that is affecting your family, loved ones or friends, please give a call.  We will meet with you and explain your rights.

382.101 Purpose.The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

382.105 Testing procedures. Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title. The provisions of part 40 of this title that address alcohol or controlled substances testing are made applicable to employers by this part.

382.103 Applicability.(a) This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to:(1) The commercial driver’s license requirements of part 383 of this subchapter;(2) The Licencia Federal de Conductor (Mexico) requirements; or(3) The commercial drivers license requirements of the Canadian National Safety Code.(b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.(c) The exceptions contained in §390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in § 390.3(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section. (d) Exceptions. This part shall not apply to employers and their drivers: (1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or(2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or (3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:

Code of Federal Regulations171

(i) Operators of a farm vehicle which is:(A) Controlled and operated by a farmer;(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;(C) Not used in the operations of a common or contract motor carrier; and(D) Used within 241 kilometers (150 miles) of the farmer’s farm.(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.