Modal Rules, Forms and 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)

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. (FAA, FRA, USCG, FTA, PHMSA employers only).

There are two exceptions to this two-year requirement:

FMCSA requires previous 3 years of information.* If you are an FMCSA employer, view this form.

For employers seeking pilot information under the Pilot Records Improvement Act (PRIA), this is a five-year requirement.

This form is a Word document, and an employer may customize it with Company name, address, etc.

Note: An applicant's written authorization (signature) is required, and a form, separately signed by the applicant, must be sent to each prospective employer.

THE MODAL RULES

Following are the drug and alcohol testing regulations of DOT’s Operating Administrations. Each administration varies in how it makes the regulations available.

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 is recommended), and enter the regulation's designation, enclosed in quotation marks. Example: "49 CFR Part 382".

FMCSA

Federal Motor Carrier Safety Administration 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, Commercial Driver's License Standards; Requirements and Penalties
(Under Federal Regulations, click on Driver Regulations, then click on 383, and then click on 383.51, Disqualification of Drivers. Further explanations appear if you click the "Yes" under Guidance.)
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. (To read more details, click on the regulation above, and you will be taken to a link that provides the exact language from the Federal Register.) Individual States are expected to now pass laws that will comply with the regulation. States that do not meet this requirement by September 30, 2005, will face loss of their Federal-aid highway funds. SAPs SHOULD BE AWARE OF THIS REGULATION, BECAUSE EMPLOYERS ARE LIKELY TO GET CONFUSED BY IT. HOWEVER, A SAP PROCESS IS NOT PART OF THE LAW, AND IN FACT A SAP PROCESS CAN DO NOTHING TO CHANGE THE DRIVER'S DISQUALIFIED STATUS.

Texas Law Affecting CDL Drivers
As of September 1, 2003, motor carriers in Texas:

Must report a CDL holder's drug positive test result to the TX Department of Public Safety
May obtain from the Department, with an applicant's authorization, the applicant's drug testing information
Must provide certification to the Department that the carrier is in compliance with the drug testing requirements of 49 CFR Part 382, and, if the carrier is utilizing the services of a C/TPA (consortium), the names of the persons operating the consortium.

The law also brings Texas into compliance with 49 CFR Part 383, explained in the previous section.

For specific wording of the law, (S.B. 1904 and H.B. 2553), click on the link at the beginning of this section.

FAA

Federal Aviation Administration, Regulations for Conducting Antidrug and Alcohol Misuse Prevention Programs for Safety-Sensitive Employees in the Aviation Industry.
The airline regulations are numerous and complicated. You can go to this website, scroll down, view and select those you want to have. This site also has links to many other parts of the regulations.

14 CFR Part 121(J)(VII)(c)(4) requires an FAA employer to notify the Federal Air Surgeon of an employee with an alcohol violation, within 2 days of the violation. To see FAA's form for reporting an alcohol violation, go to http://www.faa.gov/avr/aam/alcohol/67posalc.doc. In addition to completing a SAP return-to-duty process, the Federal Air Surgeon must recommend that the employee be permitted to perform safety-sensitive duties.

14 CFR Part 121(I)(VII(c)(2)requires an FAA employer to notify the Federal Air Surgeon of an employee with a drug violation. To see FAA's form for reporting a drug violation, go to http://www.faa.gov/avr/aam/adap/67posdrg.rtf. In addition to completing a SAP return-to-duty process, the employee must also receive, from the Federal Air Surgeon, a Part 67 medical certificate or a special issuance medical certificate.