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49 CFR 392.5

§392.5 Alcohol Prohibition.

(a) No driver shall--

(a)(1) Use alcohol, as defined in 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

(a)(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or

(a)(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:

(a)(3)(i) Manifested and transported as part of a shipment; or

(a)(3)(ii) Possessed or used by bus passengers.

(b) No motor carrier shall require or permit a driver to--

(b)(1) Violate any provision of paragraph (a) of this section; or

(b)(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours.

(c) Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.

(c)(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.

(c)(2) No driver shall violate the terms of an out-of-service order issued under this section.

(d) Any driver who is issued an out-of-service order under this section shall:

(d)(1) Report such issuance to his/her employer within 24 hours; and

(d)(2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Regional Director of Motor Carriers for the Region or the Associate Administrator.

(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Regional Director of Motor Carriers for the Region in which the order was issued. The Regional Director of Motor Carriers may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Associate Administrator for review in accordance with 49 CFR 386.13.

(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)

[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994].

Client Reviews
"Goes above and beyond and is a mountain of knowledge on spine and brain injuries. He does his research and represents you with a level of excellence. Remains a friend after representing me." Dee M., Woodstock, GA
"I have collaborated with Mr. Shigley on several initiatives within Georgia’s Judiciary over the past few years and found him to be a persistent and attentive individual. Ken has taken great pride in his involvement with the projects that I have worked on and he is good at influencing success. Despite his hectic schedule, Ken has always made time to discuss, research and review ideas for the best way to accomplish goals. I look forward to a continued working relationship in this and future roles." Jorge B., CIO, Judicial Council of Georgia
"After having to have a hole drilled in an automobile part at a machine shop 10 years ago, I told my uncle I could have done that. My uncle replied, "You are doing this once these guys do it every day" That simply means if you don't know where to turn, get help and get an expert. Ken was that help when I was severely injured during a fatal accident. Ken and his team at Shigley Law are experts, and are here to help you during your crisis. Ken will be there during the injury, recovery, and trial. He and his firm will work hard to see that you are represented fairly!" Jeremy R.
"Ken is a very kind man. He has a wealth of knowledge and is going above and beyond to help us while representing our case." Candy F., spouse of catastrophic injury client, Plains, GA
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