§FMCSR.com
Historical textIn force on Oct. 1, 1996Source: annual CFR editions 1996–2000

§ 40.67 Refusals to test and uncompleted tests.

Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition.

govinfo, 1996 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1996 edition's wording. An amendment that took effect between Oct. 1, 1996 and Oct. 1, 1996 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.67 — Refusals to test and uncompleted tests.. Text in force on October 1, 1996. This wording effective October 1, 1996 to October 1, 2001. Source: govinfo, 1996 edition, https://www.govinfo.gov/app/details/CFR-1996-title49-vol1/CFR-1996-title49-vol1-sec40-67. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.67?asof=1996-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Refusal by an employee to complete and sign the breath alcohol testing form (Step 2), to provide breath, to provide an adequate amount of breath, or otherwise to cooperate with the testing process in a way that prevents the completion of the test, shall be noted by the BAT in the remarks section of the form. The testing process shall be terminated and the BAT shall immediately notify the employer.

(b) If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT shall, if practicable, begin a new screening or confirmation test, as applicable, using a new breath alcohol testing form with a new sequential test number (in the case of a screening test conducted on an EBT that meets the requirements of § 40.53(b) or in the case of a confirmation test).

Amendment history

12 distinct wordings on file since Oct. 1, 1996
  1. June 10, 2026 → presenteCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004; 73 FR 35970, June 25, 2008; 73 FR 50223, Aug. 26, 2008; 73 FR 62910, Oct. 22, 2008; 73 FR 70284, Nov. 20, 2008; 74 FR 37952, July 30, 2009; 82 FR 52244, Nov. 13, 2017; 88 FR 27641, May 2, 2023; 91 FR 25511, May 11, 2026]
  2. May 11, 2026 → June 10, 2026eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004; 73 FR 35970, June 25, 2008; 73 FR 50223, Aug. 26, 2008; 73 FR 62910, Oct. 22, 2008; 73 FR 70284, Nov. 20, 2008; 74 FR 37952, July 30, 2009; 82 FR 52244, Nov. 13, 2017; 88 FR 27641, May 2, 2023]
  3. June 1, 2023 → May 11, 2026eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004; 73 FR 35970, June 25, 2008; 73 FR 50223, Aug. 26, 2008; 73 FR 62910, Oct. 22, 2008; 73 FR 70284, Nov. 20, 2008; 74 FR 37952, July 30, 2009; 82 FR 52244, Nov. 13, 2017; 88 FR 27641, May 2, 2023]
  4. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004; 73 FR 35970, June 25, 2008; 73 FR 50223, Aug. 26, 2008; 73 FR 62910, Oct. 22, 2008; 73 FR 70284, Nov. 20, 2008; 74 FR 37952, July 30, 2009; 82 FR 52244, Nov. 13, 2017]
  5. Jan. 1, 2018 → May 2, 2023eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004; 73 FR 35970, June 25, 2008; 73 FR 50223, Aug. 26, 2008; 73 FR 62910, Oct. 22, 2008; 73 FR 70284, Nov. 20, 2008; 74 FR 37952, July 30, 2009; 82 FR 52244, Nov. 13, 2017]
  6. Nov. 13, 2017 → Jan. 1, 2018eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004; 73 FR 35970, June 25, 2008; 73 FR 50223, Aug. 26, 2008; 73 FR 62910, Oct. 22, 2008; 73 FR 70284, Nov. 20, 2008; 74 FR 37952, July 30, 2009]
  7. Oct. 1, 2009 → Nov. 13, 2017annual editions 2009–2016diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004; 73 FR 35970, June 25, 2008; 73 FR 50223, Aug. 26, 2008; 73 FR 62910, Oct. 22, 2008; 73 FR 70284, Nov. 20, 2008; 74 FR 37952, July 30, 2009]
  8. Oct. 1, 2008 → Oct. 1, 2009annual edition 2008diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004; 73 FR 35970, June 25, 2008]
  9. Oct. 1, 2005 → Oct. 1, 2008annual editions 2005–2007diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 69 FR 64867, Nov. 9, 2004]
  10. Oct. 1, 2003 → Oct. 1, 2005annual editions 2003–2004diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 68 FR 31626, May 28, 2003]
  11. Oct. 1, 2001 → Oct. 1, 2003annual editions 2001–2002diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001]
  12. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000viewing

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.