Actual knowledge

Actual knowledge for the purpose of subpart B of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer, a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in 382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under 382.307. As used in this section, traffic citation means a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or controlled substances.

Source

49 CFR § 382.107


Scoping language

Words or phrases used in this part are defined in 386.2 and 390.5 of this subchapter, and 40.3 of this title, except as provided in this section -

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