Historical textIn force on Sept. 30, 1998Source: annual CFR edition 1996

§ 391.103 Pre-employment testing requirements.

Wording first on file in the 1996 annual edition, superseded by the 1998 annual edition. The section was then removed.

govinfo, 1996 edition ↗

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1996 edition's wording. An amendment that took effect between Oct. 1, 1997 and Sept. 30, 1998 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates. govinfo does not publish the 1997 edition of Parts 300–399 in machine-readable form, so the 1996 text is shown for that year.

49 CFR § 391.103 — Pre-employment testing requirements.. Text in force on September 30, 1998. This wording effective October 1, 1996 to October 1, 1998. Source: govinfo, 1996 edition, https://www.govinfo.gov/app/details/CFR-1996-title49-vol4/CFR-1996-title49-vol4-sec391-103. Retrieved from FMCSR.com, https://fmcsr.com/reg/391.103?asof=1998-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) A motor carrier shall require a driver-applicant who the motor carrier intends to hire or use to be tested for the use of controlled substances as a prequalification condition.

(b) A driver-applicant shall submit to controlled substance testing as a prequalification condition.

(c) Prior to collection of a urine sample under § 391.107 of this subpart, a driver-applicant shall be notified that the sample will be tested for the presence of controlled substances.

(d) Exceptions. (1) A motor carrier may use a driver who is a regularly employed driver of another motor carrier without complying with paragraph (a) of this section, if the driver meets the requirement of § 391.65 of this subchapter.

(2) A motor carrier may use a driver who is not tested by the motor carrier without complying with paragraph (a) of this section, provided the motor carrier assures itself:

(i) That the driver has participated in a drug testing program that meets the requirements of this subpart within the previous 30 days and,

(ii) While participating in that program, was either

(A) Tested for controlled substances within the past 6 months (from the date of application with the motor carrier) or

(B) Participated in the drug testing program for the previous 12 months (from the date of application with the motor carrier).

(3) A motor carrier who exercises either paragraph (d)(1) or (d)(2) of this section shall contact the controlled substances testing program in which the driver participates or participated and shall obtain the following information:

(i) Name and address of the program.

(ii) Verification that the driver participates or participated in the program.

(iii) Verification that the program conforms to 49 CFR part 40.

(iv) Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances.

(v) The date the driver was last tested for controlled substances.

(vi) The results, positive or negative, of any test taken.

(4) The motor carrier shall retain the information required by this paragraph in the driver's qualification file required under § 391.51 of this part.

(5) A motor carrier who uses, but does not employ, such a driver more than once a year must assure itself once every 6 months that the driver participates in a controlled substances testing program that meets the requirements of this subpart.

[53 FR 47151, Nov. 21, 1988, as amended at 55 FR 3556, Feb. 1, 1990]

Amendment history

1 distinct wording on file since Oct. 1, 1996

Oct. 1, 1996 → Oct. 1, 1998annual edition 1996viewing
[53 FR 47151, Nov. 21, 1988, as amended at 55 FR 3556, Feb. 1, 1990]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.