DOT Forms and Other Information

Each of the six Operating Administrations of the Department of Transportation has its own set of rules and regulations that govern the employees in that particular transportation mode. Every service agent is required to know the rules of the transportation mode that cover the employer and/or employee for whom he/she provides service. This section has links to each of the modal regulations, and to the websites for each transportation mode.

A list of Managers of the Drug and Alcohol Program for each of DOT’s 6 Transportation Modes (Operating Administrations) and to the Modal Rules for each of the 6 Transportation Modes

Current random testing rates for the Transportation Modes

FORM FOR OBTAINING TESTING INFORMATION FROM PREVIOUS EMPLOYERS

49 CFR Part 40.25 requires employers to obtain drug and alcohol testing information from an applicant's previous employers, for the previous two (2) years. (However, FMCSA regulations require employers to obtain this information for the previous three [3] years.)

Information obtained by a new employer must include test results, refusals, other violations, and paperwork related to the return-to-duty process (SAP reports). Any information that a previous employer has received from other employers may also be sent to the applicant's new employer. DOT has provided a form to be used by employers to obtain this information.

View a copy of DOT's form. for FAA, FRA, USCG, FTA, PHMSA employers (Violation information for the previous 2 years)

View a copy of DOT's form for FMCSA employers (Violation information for the previous 3 years)

View a copy of DOT's form for FAA pilots (Violation information for the previous 5 years, under the Pilot Records Improvement Act [PRIA])

Note: An applicant's written authorization (signature) is required, and a separate form, signed by the applicant, must be specifically addressed and sent to each prospective employer. Blanket forms are not permitted..

THE DRUG AND ALCOHOL TESTING RULES

Following are the drug and alcohol testing regulations of DOT’s Operating Administrations.

Any of these regulations, and others, can be found by going directly to the Federal Register, http://www.gpoaccess.gov/fr/index.html. You can use a search engine (Google, for example), and enter the regulation's designation, enclosed in quotation marks. Example: "49 CFR Part 382".

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)
(HIGHWAY)

49 CFR Part 382, Controlled Substances and Alcohol Use and Testing.
(Under Federal Regulations, click on Driver Regulations, and then click on 382)

49 CFR Part 383.51, Commercial Driver's License Standards; Requirements and Penalties, Disqualification of Drivers

(To read FMCSA Guidance pertaining to 383.51, click here.)

On July 31, 2002, Congress passed a law that affects CDL holders in the following way: When a CDL holder's license is revoked, suspended or cancelled by a State, or when driving privileges are withdrawn because of a violation of State or local laws, that driver is disqualified from operating a commercial motor vehicle. (This includes a violation that occurs when the driver is operating his/her personal vehicle). For a first violation, the CDL holder is disqualified from driving a Commercial Motor Vehicle for a year. For a second violation, the disqualification is for life. This law applies in every state.

SAPs SHOULD BE AWARE OF THIS REGULATION, BECAUSE EMPLOYERS ARE LIKELY TO GET CONFUSED BY IT. HOWEVER, A SAP PROCESS IS NOT REQUIRED BY THE LAW, AND IN FACT A SAP PROCESS CAN DO NOTHING TO CHANGE A DRIVER'S DISQUALIFIED STATUS.

FEDERAL TRANSIT ADMINISTRATION (FTA)
(TRANSIT)

49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.

FEDERAL RAILROAD ADMINISTRATION (FRA)
(RAILROAD)

49 CFR Part 219, Control of Drug and Alcohol Use

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
(PIPELINE)

49 CFR Part 199, Drug and Alcohol Testing

UNITED STATES COAST GUARD (USCG)
(MARITIME)

46 CFR Part 16, Chemical Testing

46 CFR Part 4, Marine Casualties and Investigations

FEDERAL AVIATION ADMINISTRATION (FAA)
(AIRLINES)

14 CFR Part 120, Drug and Alcohol Testing Program

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