§FMCSR.com
Current textIn force on Oct. 1, 2004Source: annual CFR editions 1998–2016

§ 392.4 Drugs and other substances.

Current wording, in the annual edition revised as of Oct. 1, 1998.

govinfo, 2004 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2004 edition's wording. An amendment that took effect between Oct. 1, 2004 and Oct. 1, 2004 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 392.4 — Drugs and other substances.. Text in force on October 1, 2004. This wording effective October 1, 1998 to present. Source: govinfo, 2004 edition, https://www.govinfo.gov/app/details/CFR-2004-title49-vol4/CFR-2004-title49-vol4-sec392-4. Retrieved from FMCSR.com, https://fmcsr.com/reg/392.4?asof=2004-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances:

(1) Any 21 CFR 1308.11 Schedule I substance;

(2) An amphetamine or any formulation thereof (including, but not limited, to “pep pills,” and “bennies”);

(3) A narcotic drug or any derivative thereof; or

(4) Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.

(b) No motor carrier shall require or permit a driver to violate paragraph (a) of this section.

(c) Paragraphs (a) (2), (3), and (4) do not apply to the possession or use of a substance administered to a driver by or under the instructions of a licensed medical practitioner, as defined in § 382.107 of this subchapter, who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle.

(d) As used in this section, “possession” does not include possession of a substance which is manifested and transported as part of a shipment.

[61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]

Amendment history

2 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 1998 → presentannual editions 1998–2016diff vs. previousviewing
    [61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]
  2. Oct. 1, 1996 → Oct. 1, 1998annual edition 1996
    [61 FR 9567, Mar. 8, 1996]

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.