O/Op required to drug test themselves?

OK, What about a hotshot O/O who does not need a CDL, but is subject to most other DOT requirements and operates under DOT and an MC number. Must they be in a consortium?

 

Again: The Federal Motor Carrier Safety Administration’s alcohol and drug testing rules apply to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any state, and is subject to: (1) the commercial driver’s license requirements of 49 CFR Part 383; (2) the Licencia Federal de Conductor (Mexico) requirements; or (3) the commercial driver’s license requirements of the Canadian National Safety Code.

The answer to that is quite simple, since Federal Law Requires you to be tested at least once per year, and since there is no "Random Selection" if you OWN the Compny and have no other drivers, you go down and get tested at least once per year. By the SAME Token, if you are involved in an accident where there is at least one vehicle that is disabled and needs to be towed OR there is injury or death; you GET TESTED as required by Law.

These are questions that should have been answered when he got his own Operating Authority. To have no record of testing because you had no one to "suprise you" is pure irresponsibility, and violates DOT Regulations.

 

The Federal Motor Carrier Safety Administration’s alcohol and drug testing rules apply to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any state, and is subject to: (1) the commercial driver’s license requirements of 49 CFR Part 383;

 

Heather,
Alcohol is not permitted during random testing and if they request it...then all the drivers in the comapny have to have that tset

 

Yes, he must be tested. Usually O/O's operating under their own authority join a consortium. Many businesses have them. He should have been tested since 1991 when the rules went into effect. If his business is audited by the FMCSA he could be in serious trouble.

I've put the applicable parts in BOLD print. Part 382 contains the drug testing rules. That, and part 40.

The correct rule is 382.103.........here it is

From a retired federal DOT official

Sec. 382.103 Applicability. (a) This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to: (1) The commercial driver's license requirements of part 383 of this subchapter; (2) The Licencia Federal de Conductor (Mexico) requirements; or (3) The commercial drivers license requirements of the Canadian National Safety Code. (b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool. (c) The exceptions contained in Sec. 390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in Sec. 390.3(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section. (d) Exceptions. This part shall not apply to employers and their drivers: (1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or (2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or (3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be: [[Page 171]] (i) Operators of a farm vehicle which is: (A) Controlled and operated by a farmer; (B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm; (C) Not used in the operations of a common or contract motor carrier; and (D) Used within 241 kilometers (150 miles) of the farmer's farm. (ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.

 

There is no rule 392.305, but 382.305 is random testing. The applicable rule is immediately above.

 

I belong to AADAT and on my last BIT, I was informed I must also take a course and pass a Drug policy enforcement test...for myself......

 

Non-CDL drivers aren't required by FMCSA to be drug tested although some carriers require it .

 

An O/O is self employed . As an employer he is required to keep a driver qualification file on the employee (himself) . http://www.fmcsa.dot.gov/safety-security/eta/part391.htm .
There are better alternatives to a drug testing pool than OOIDA . OOIDA takes advantage of being "easy" by getting a cut from services they use , resulting in higher charges . I know a hotshotter that uses a drug testing pool at his county health department . The only thing is the smaller the pool the greater risk of being called more often .