§FMCSR.com
Historical textIn force on Sept. 30, 2005Source: annual CFR editions 2001–2016

§ 40.285 When is a SAP evaluation required?

Wording first on file in the 2001 annual edition, superseded May 2, 2023.

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 Sept. 30, 2005 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.285 — When is a SAP evaluation required?. Text in force on September 30, 2005. This wording effective October 1, 2001 to May 2, 2023. Source: govinfo, 2004 edition, https://www.govinfo.gov/app/details/CFR-2004-title49-vol1/CFR-2004-title49-vol1-sec40-285. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.285?asof=2005-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.

(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a urine specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.

Amendment history

3 distinct wordings on file since Oct. 1, 2001
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]
  2. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
  3. Oct. 1, 2001 → May 2, 2023annual 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.