FMCSA starts rulemaking to close drug possession out-of-service loophole

A new rulemaking will change how out-of-service orders work for drivers found with illegal drugs. The Federal Motor Carrier Safety Administration approved a request from the Commercial Vehicle Safety Alliance on September 17 to update 49 CFR 392.4.

Right now, a driver can be placed out of service for drug possession, but the rule does not clearly forbid driving while that order is active. If police take the drugs during the first stop, a second officer cannot issue a new violation or enforce the original order.

The proposed change would add clear language to stop drivers from operating during the out-of-service period. It would also set a mandatory 24-hour out-of-service time for drug possession, which matches the current rules for alcohol violations.

The Commercial Vehicle Safety Alliance asked for this update after state police found the gap during roadside checks. They noted that drug possession creates the same safety risk as alcohol possession and deserves the same enforcement tools.

FMCSA Administrator Derek Barrs said the petition gave enough reason to open the rulemaking. He noted that starting the process does not mean the rule will change. The agency will review all public comments before making a final decision.

Source: Transport Topics — https://www.ttnews.com/articles/fmcsa-close-oos-loophole-drug