A commercial truck poses a greater threat to the smaller vehicles on the road. But a drugged or drunken truck driver can increase this threat manifold and an incapacitated truck driver’s actions may result in lost lives, injuries, and emotional and financial damage.
Drug use by a truck driver if proven and evidenced by a truck accident injury lawyer can be strong evidence of negligence in a trucking lawsuit against the company.
The Federal Motor Carrier Safety Administration (FMCSA) enforces rules for road safety in the United States. It includes rules regarding drug and alcohol use for truck drivers. Every driver has to follow these rules and regulations.
Operators of the commercial motor vehicles (CMV), including bus and trucks require commercial driver's license (CDL). Every driver with a CDL license needs to be tested for alcohol and drug use, whether they work for full-time, part-time, intermittent or as a backup.
This test is known as the Department of Transportation or DOT test. In this test, an individual is tested for five types of drugs, which are Amphetamines, Methamphetamines, Cocaine, Marijuana, Opiates, and Phencyclidine, also known as PCP.
Testing is done –
Before hiring – Before hiring and allowing a driver to drive Commercial Vehicles, an employer must check for a negative test result.
On suspicion – An individual might be tested if employer is suspicious about him. CDL operator supervisors are trained to find suspicious behavior of employees in a trucking company. However, their suspicion should be reasonable so that it does not violate an employee’s rights.
After accidents – After a truck accident, a driver may be tested for drug or alcohol use. However, it depends on several conditions related to accident. One would think that this testing should be done automatically to rule out any suspicion.
Randomly – Drivers can be randomly tested for drug and alcohol use. This rule also applies to those who work for themselves without an employer.
After return to duty – If a driver fails to qualify or refuse DOT test, then he must be stopped from operating a CMV vehicle immediately. If this individual wants to return to duty then he must qualify this test first. Individuals, who violated the prohibitions of 49 CFR Part 382 Subpart B also fall under this category.
They need to complete their return to duty procedure with a DOT-qualified substance abuse professional. Return to duty individual who qualify all the rules and regulations also need to be tested at least six times in 12 months. This period can be extended for four more years.
Drug use by a truck driver if proven and evidenced by a truck accident injury lawyer can be strong evidence of negligence in a trucking lawsuit against the company.
The Federal Motor Carrier Safety Administration (FMCSA) enforces rules for road safety in the United States. It includes rules regarding drug and alcohol use for truck drivers. Every driver has to follow these rules and regulations.
Operators of the commercial motor vehicles (CMV), including bus and trucks require commercial driver's license (CDL). Every driver with a CDL license needs to be tested for alcohol and drug use, whether they work for full-time, part-time, intermittent or as a backup.
This test is known as the Department of Transportation or DOT test. In this test, an individual is tested for five types of drugs, which are Amphetamines, Methamphetamines, Cocaine, Marijuana, Opiates, and Phencyclidine, also known as PCP.
Testing is done –
Before hiring – Before hiring and allowing a driver to drive Commercial Vehicles, an employer must check for a negative test result.
On suspicion – An individual might be tested if employer is suspicious about him. CDL operator supervisors are trained to find suspicious behavior of employees in a trucking company. However, their suspicion should be reasonable so that it does not violate an employee’s rights.
After accidents – After a truck accident, a driver may be tested for drug or alcohol use. However, it depends on several conditions related to accident. One would think that this testing should be done automatically to rule out any suspicion.
Randomly – Drivers can be randomly tested for drug and alcohol use. This rule also applies to those who work for themselves without an employer.
After return to duty – If a driver fails to qualify or refuse DOT test, then he must be stopped from operating a CMV vehicle immediately. If this individual wants to return to duty then he must qualify this test first. Individuals, who violated the prohibitions of 49 CFR Part 382 Subpart B also fall under this category.
They need to complete their return to duty procedure with a DOT-qualified substance abuse professional. Return to duty individual who qualify all the rules and regulations also need to be tested at least six times in 12 months. This period can be extended for four more years.
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