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Title 49: Transportation
Subtitle B: Other Regulations Relating to Transportation (Continued)
CHAPTER III: FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER B: FEDERAL MOTOR CARRIER SAFETY REGULATIONS
PART 392: DRIVING OF COMMERCIAL MOTOR VEHICLES
Subpart A: General
392.4 - Drugs and other substances.
(a) No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances:
(1) Any 21 CFR 1308.11 Schedule I substance;
(2) An amphetamine or any formulation thereof (including, but not limited, to ?pep pills,? and ?bennies?);
(3) A narcotic drug or any derivative thereof; or
(4) Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.
(b) No motor carrier shall require or permit a driver to violate paragraph (a) of this section.
(c) Paragraphs (a) (2), (3), and (4) do not apply to the possession or use of a substance administered to a driver by or under the instructions of a licensed medical practitioner, as defined in ? 382.107 of this subchapter, who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle.
(d) As used in this section, ?possession? does not include possession of a substance which is manifested and transported as part of a shipment.
[61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]
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