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Are CDL drivers who are employed by state government agencies subject to DOT drug and alcohol testing requirements?

Yes,   Drivers for government agencies who operate vehicles that require aCDL, and are not otherwise exempted in §382.103(d) are subject to DOT drug and alcohol testing.


The statutory definition of “employer” for Part 382, applies to any person including the United States, a State or a political subdivision of a State, and the District of Columbia, that owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle.  §382.103(c) specifically provides that the exceptions from certain Federal Motor Carrier Safety Regulations for Federal, State, and local government agencies do not apply to the FMCSA drug and alcohol testing requirements in Part 382.  The only exceptions to the requirements of part 382 are found in §382.103

Last Updated : May 14, 2015
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