Drug Testing Program - Part 40 Compliance Law - Fresno, CA
DOT Drug Consortium - Truck Driver Drug Testing Program




This definition also includes any employers who employ themselves as drivers. An employer who employs only himself/herself must comply with both the requirements that apply to both employers and to drivers. He/she must be part of a random testing pool of two or more persons.
(3) Whom a State has, at its discretion, waived from the requirements of the Federal CDL requirements. These individuals may include the following:
(c) Not used in the operations of a common or contract motor carrier; and
Employees Who Are Affected
Section 3. The Consequences of Failure to Comply Penalties are assessed administratively by the FMCSA for violations of parts 382 and 40 and administrative orders may be issuedto bring about satisfactory compliance. Criminal penalties are also authorized to be sought in U.S. District Court under certain circumstances.The maximum amounts of civil penalties that can be assessed for regulatory violations are established in the statutes granting enforcement powers. The determination of the actual civil penalties assessed in each case is based on those defined limits and consideration of information available at the time the claim is made concerning the nature, circumstances, extent and gravity of the violation, and with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice and public safety may require. In adjudicating civil penalty claims, and orders under the administrative procedures in this subchapter, additional information may be developed regarding these factors that may affect the final amount of the claim. Furthermore, consideration will be given to good-faith efforts to achieve compliance.Drivers Waived from Obtaining a Commercial Driver's License
(subject to change without notice, check with your State licensing agency) Full Waivers
Optional State WaiversA State may waive the CDL requirement for certain groups of individuals. In the following table, an "X" in a specific box means that the State has waived the CDL requirement for that specific group. Check with your State licensing agency for those drivers who may be exempt from the "drivers removing Snow and Ice" exception, published April 3, 1996 (61 FR 14677). Column headings definitions: Farm -Farm vehicle operations which areFire - Firefighters operating equipment which is necessary to the preservation of life or property or the execution of emergency governmental functions and are not subject to normal traffic regulation. Emerg -Persons operating vehicles only used in response to emergencies. R. V. - Persons operating recreational vehicles for personal recreation. Does not include operation of such vehicles used to conduct business. Personal -Persons operating vehicles used to transport personal goods or equipment. Such persons would use the vehicle to transport household goods when moving, or when renting a vehicle to perform household repairs. Does not include operation of such vehicles used to conduct business.Notes explaining a particular State's waiver:Criminal penalties may be sought against a motor carrier (employer), its officers or agents, a driver, or other persons when it can be established that violations were deliberate or resulted from a willful disregard for the regulations. Criminal penalties may be sought against an employee only when a causative link can be established between a knowing and willful violatio