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f §382.107-§382.109
<br /> Alcohol use means the consumption of any bever- a vehicle. The term employer includes an employer's
<br /> age, mixture, or preparation, including any medica- agents, officers and representatives.
<br /> tion,containing alcohol. Performing (a safety-sensitive function) means a
<br /> Commerce means (1) Any trade, traffic or trans- driver is considered to be performing a safety-sensi-
<br /> portation within the jurisdiction of the United States tive function during any period in which he or she is
<br /> between a place in a State and a place outside of such actually performing, ready to perform, or immedi-
<br /> State,including a place outside of the United States ately available to perform any safety-sensitive func-
<br /> and(2)trade,traffic,and transportation in the United tions.
<br /> States which affects any trade,traffic,and transpor- Positive rate means the number of positive results
<br /> tation described in paragraph(1)of this definition. for random controlled substances tests conducted
<br /> Commercial motor vehicle means a motor vehicle under this part plus the number of refusals of random
<br /> or combination of motor vehicles used in commerce to controlled substances tests required by this part,
<br /> transport passengers or property if the motor ve- divided by the total of random controlled substances
<br /> hicle— tests conducted under this part plus the number of j
<br /> (1)Has a gross combination weight rating of 26,001 refusals of random tests required by this part.
<br /> or more pounds inclusive of a towed unit with a gross Refuse to submit (to an alcohol or controlled sub-
<br /> vehicle weight rating of more than 10,000 pounds;or stances test)means that a driver:
<br /> (2)Has a gross vehicle weight rating of 26,001 or (1) Fails to provide adequate breath for alcohol
<br /> more pounds;or testing as required by Part 40 of this title,without a
<br /> (3)Is designed to transport 16 or more passengers, valid medical explanation, after he or she has re-
<br /> including the driver;or ceived notice of the requirement for breath testing in
<br /> (4)Is of any size and is used in the transportation accordance with the provisions of this part.
<br /> of materials found to be hazardous for the purposes of (2)Fails to provide an adequate urine sample for
<br /> the Hazardous Materials Transportation Act and controlled substances testing as required by Part 40
<br /> which require the motor vehicle to be placarded under of this title,without a genuine inability to provide a
<br /> the Hazardous Materials Regulations (49 CFR part specimen (as determined by a medical evaluation),
<br /> 172,subpart F). after he or she has received notice of the requirement
<br /> Confirmation test For alcohol testing means a for urine testing in accordance with the provisions of
<br /> second test,following a screening test with a result of this part, or
<br /> 0.02 or greater, that provides quantitative data of (3) Engages in conduct that clearly obstructs the
<br /> alcohol concentration.For controlled substances test- testing process.
<br /> ing means a second analytical procedure to identify Safety-sensitive function means any of those on-
<br /> the presence of a specific drug or metabolite which is duty functions set forth in §395.2 On-Duty time,
<br /> independent of the screen test and which uses a paragraphs(1)through(6)of this chapter.
<br /> different technique and chemical principle from that Screening test(also known as initial test).In alco-
<br /> of the screen test in order to ensure reliability and hol testing,it means an analytical procedure to deter-
<br /> accuracy. (Gas chromatography/mass spectrometry mine whether a driver may have a prohibited concen-
<br /> (GC/MS)is the only authorized confirmation method tration of alcohol in his or her system. In controlled
<br /> for cocaine,marijuana, opiates, amphetamines, and substances testing,it means an immunoassay screen
<br /> phencyclidine.) to eliminate"negative"urine specimens from further
<br /> Consortium means an entity,including a group or consideration.
<br /> association of employers or contractors,that provides Substance abuse professional means a licensed
<br /> alcohol or controlled substances testing as required physician(Medical Doctor or Doctor of Osteopathy),
<br /> by this part,or other DOT alcohol or controlled sub- or a licensed or certified psychologist, social worker,
<br /> stances testing rules, and that acts on behalf of the employee assistance professional or addiction coun-
<br /> employers. selor(certified by the National Association of Alcohol-
<br /> DOT Agency means an agency (or"operating ad- ism and Drug Abuse Counselors Certification Com-
<br /> ministration") of the United States Department of mission)with knowledge of and clinical experience in
<br /> Transportation administering regulations requiring the diagnosis and treatment of alcohol and controlled
<br /> alcohol and/or drug testing(14 CFR parts 61,63,65, substances-related disorders.
<br /> 121, and 135; 49 CFR parts 199, 219, 382, 653 and Violation rate means the number of drivers (as
<br /> 654),in accordance with part 40 of this title. reported under §382.305 of this part) found during
<br /> Driver means any person who operates a commer- random tests given under this part to have an alcohol
<br /> cial motor vehicle. This includes,but is not limited to: concentration of 0.04 or greater, plus the number of
<br /> full time, regularly employed drivers; casual, inter- drivers who refuse a random test required by this
<br /> mittent or occasional drivers;leased drivers and inde- part,divided by the total reported number of drivers
<br /> pendent, owner-operator contractors who are either in the industry given random alcohol tests under this
<br /> directly employed by or under lease to an employer or part plus the total reported number of drivers in the
<br /> who operate a commercial motor vehicle at the direc- industry who refuse a random test required by this
<br /> tion of or with the consent of an employer. For the part.
<br /> purposes of pre-employment/pre-duty testing only, §382.109 Preemption of State and local laws.
<br /> the term driver includes a person applying to an (a) Except as provided in paragraph (b) of this
<br /> employer to drive a commercial motor vehicle. section, this part preempts any State or local law,
<br /> Employer means any person(including the United rule,regulation, or order to the extent that:
<br /> States, a State, District of Columbia or a political (1)Compliance with both the State or local require-
<br /> subdivision of a State)who owns or leases a commer- ment and this part is not possible;or
<br /> cial motor vehicle or assigns persons to operate such (2)Compliance with the State or local requirement
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