Drug and alcohol testing
#11
Member
Join Date: Jul 2006
Location: Dark Side of The Moon
Posts: 171
yeti:
if you read the exceptions, part d , (d)(3)(i)(C) it is possible he would be exempt from the required testing.
(d)(3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:
(d)(3)(i) Operators of a farm vehicle which is: (d)(3)(i)(A) Controlled and operated by a farmer; (d)(3)(i)(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm; (d)(3)(i)(C) Not used in the operations of a common or contract motor carrier; and (d)(3)(i)(D) Used within 241 kilometers (150 miles) of the farmer's farm. (d)(3)(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.
? 383.3 Applicability.
(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States. (3)(i) A driver, employed by an eligible unit of local government, operating a commercial motor vehicle within the boundaries of that unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, if (A) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or (B) The employing governmental entity determines that a snow or ice emergency exists that requires additional assistance. (ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles. rcso
It's possible, but I don't know of any city equipment operators that are farmers or that work for or on farms and thus that wouldn't apply.
yoopr:
There's also the Whistle Blower provision.
As mentioned the best course of action is to report the operation of CMVs without a CDL and no D & A testing to the FMCSA. Be safe.
#12
Member
Thread Starter
Join Date: Sep 2006
Location: West Virginia
Posts: 80
I've been checking into the situation and we are exempt from FMCSA regulations. All other local governments and state agencies in the area drug test their employees, so is there any other regulations besides FMCSA that requires the drug testing of drivers?
#13
Member
Join Date: Jul 2006
Location: Dark Side of The Moon
Posts: 171
Overloaded:
I've been checking into the situation and we are exempt from FMCSA regulations. All other local governments and state agencies in the area drug test their employees, so is there any other regulations besides FMCSA that requires the drug testing of drivers?
Are the vehicles you operate equipped with lights and sirens? If the answer to both questions are no, then your employer is not exempt from the FMCSA regs. Be safe. |

