§ 391.95 Drug use prohibitions.
Wording first on file in the 1996 annual edition, superseded by the 1998 annual edition. The section was then removed.
(a) No driver shall be on duty, as defined in § 395.2 of this subchapter, if the driver uses any controlled substances, except as provided in § 391.97 of this part.
(b) No driver shall be on duty, as defined in § 395.2 of this subchapter, if the driver tests positive for use of controlled substances, except as provided in § 391.97 of this part.
(c) A person who tests positive for the use of a controlled substance, as defined in 49 CFR part 40, is medically unqualified to operate a commercial motor vehicle.
(d) A person who refuses to be tested under provisions of this subpart shall not be permitted to operate a commercial motor vehicle. Such refusal shall be treated as a positive test and subject the driver to the restrictions contained in paragraph (c) of this section.
Amendment history
1 distinct wording on file since Oct. 1, 1996A 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.