Current textIn force on Sept. 30, 2014Source: annual CFR editions 2001–2016

§ 40.227 May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?

Current wording, first on file in the 2001 annual edition.

govinfo, 2013 edition ↗

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2013 edition's wording. An amendment that took effect between Oct. 1, 2013 and Sept. 30, 2014 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

49 CFR § 40.227 — May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?. Text in force on September 30, 2014. This wording effective October 1, 2001 to present. Source: govinfo, 2013 edition, https://www.govinfo.gov/app/details/CFR-2013-title49-vol1/CFR-2013-title49-vol1-sec40-227. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.227?asof=2014-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) No, as an employer, BAT, or STT, you are prohibited from using the ATF for non-DOT alcohol tests. You are also prohibited from using non-DOT forms for DOT alcohol tests. Doing either subjects you to enforcement action under DOT agency regulations.

(b) If the STT or BAT, either by mistake, or as the only means to conduct a test under difficult circumstances (e.g., post-accident test with insufficient time to obtain the ATF), uses a non-DOT form for a DOT test, the use of a non-DOT form does not, in and of itself, require the employer or service agent to cancel the test. However, in order for the test to be considered valid, a signed statement must be obtained from the STT or BAT in accordance with § 40.271(b) .

Amendment history

1 distinct wording on file since Oct. 1, 2001

Oct. 1, 2001 → presentannual editions 2001–2016viewing

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.