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Reading the regulations as they stood on October 1, 1997. Current text may differ.Switch to current
Historical textIn force on Oct. 1, 1997Source: annual CFR edition 1996

§ 391.105 Biennial (periodic) 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Wording first on file in the 1996 annual edition, superseded by the 1998 annual edition.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 Oct. 1, 1997 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 § 391.105 — Biennial (periodic) testing requirements.. Text in force on October 1, 1997. 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-sec391-105. Retrieved from FMCSR.com, https://fmcsr.com/reg/391.105?asof=1997-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) A motor carrier shall require a driver to be tested in accordance with the procedures set forth in this subpart and part 40 of this title at least once every two years commencing with the driver's first medical examination required under § 391.45 of this part after the motor carrier's implementation of a drug testing program in accordance with this subpart.

(b) Exception. A motor carrier may use a driver who participates in a drug testing program of another motor carrier or controlled substance test consortium.

(c) Exceptions. A motor carrier may discontinue periodic testing after a driver has been tested at least once under

(1) The requirements of paragraph (a) of this section;

(2) The requirements of § 391.103 of this subpart; or

(3) The requirements of § 391.109 of this subpart, and the motor carrier is testing its drivers at a 50 percent rate under its random testing program as required by § 391.109 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
  1. 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.