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Question

Difficulty: HardAlcohol and Drug Regulations

During a routine safety screening at a weigh station scale facility, a freight hauler submits to an evidentiary breath test that registers an alcohol concentration of 0.02%0.02\%. The driver exhibits no outward signs of intoxication and claims to have consumed a single beer with dinner five hours prior. Under Federal Motor Carrier Safety Administration (FMCSA) safety regulations, what immediate mandatory action must be taken regarding this driver?

  1. A
    The driver must immediately log 10 consecutive hours in the sleeper berth before resuming safety-sensitive driving duties.
  2. The driver must be placed out of service immediately for 24 hours.Answer
  3. C
    The driver is permitted to continue operating if they consume black coffee and rest for 30 minutes to hasten sobriety.
  4. D
    The driver is permitted to complete the trip if the alcohol level is attributed to an over-the-counter cold remedy taken without prior carrier disclosure.

Answer

The driver must be placed out of service immediately for 24 hours.
Under FMCSA regulations (49 CFR § 392.5), any commercial driver detected with any measurable alcohol concentration (or 0.02% or higher) must be placed out of service immediately for a minimum of 24 hours. While a BAC of 0.04% or higher constitutes driving under the influence resulting in commercial driver disqualification, any detectable alcohol below 0.04% still mandates an immediate 24-hour out-of-service order.

Step-by-Step Solution

1
Identify the tested alcohol concentration and regulatory framework.
The driver registered an alcohol concentration of 0.02%0.02\%, which falls below the commercial disqualification threshold of 0.04%0.04\% but represents a detectable presence of alcohol.
Federal Motor Carrier Safety Regulations establish distinct thresholds for DUI disqualification versus immediate roadside out-of-service orders.
2
Evaluate the mandatory penalty under 49 CFR § 392.5.
Any commercial motor vehicle driver detected with any measurable alcohol concentration or an alcohol concentration of 0.02%0.02\% or greater must be placed out of service immediately.
Zero-tolerance safety policies prohibit operating or remaining on duty with any detectable alcohol in the driver's system.
3
Determine the required duration of the out-of-service order.
The mandatory out-of-service duration is exactly 24 hours.
Section 392.5(c) specifies a mandatory 24-hour out-of-service period from the time the alcohol presence is detected.

Key Concept

FMCSA 24-hour out-of-service mandate for any detectable alcohol concentration
Estimated Time:1m 30s
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Topics

Alcohol and Drug Regulations

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