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Reading the regulations as they stood on March 23, 2026. Current text may differ.Switch to current
Current textIn force on March 23, 2026Source: eCFR

§ 40.285 When is a SAP evaluation required?

Current wording, effective June 1, 2023.

eCFR as of March 23, 2026 ↗
49 CFR § 40.285 — When is a SAP evaluation required?. Text in force on March 23, 2026. This wording effective June 1, 2023 to present. Source: eCFR as of March 23, 2026, https://www.ecfr.gov/on/2026-03-23/title-49/section-40.285. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.285?asof=2026-03-23, 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 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.

[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]

Amendment history

3 distinct wordings on file since Oct. 1, 2001
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [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 2001–2016

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.