FMCSA Moves to Close Drug-Related Out-of-Service Loophole

FMCSA is moving toward a possible rule change that could make it a separate violation for a commercial driver to keep driving after receiving a drug-related out-of-service order.

The action follows a petition from the Commercial Vehicle Safety Alliance. CVSA argued that current drug rules do not contain the same clear prohibition on driving while under an out-of-service order that exists for alcohol violations.

FMCSA has agreed to begin the rulemaking process, but no regulation has changed yet. The agency also cautioned that opening rulemaking does not guarantee a final rule will be adopted.