Page:United States Statutes at Large Volume 108 Part 2.djvu/301

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1017 (A) regulations on the safe operation of a commercial motor vehicle prescribed by the Secretary and contained in title 49, Code of Federal Regulations; and (B) safety systems of the vehicle; (5) shall ensure that an individual who operates or will operate a commercial motor vehicle carrying a hazardous material— (A) is qualified to operate the vehicle under regulations on motor vehicle transportation of hazardous material prescribed under chapter 51 of this title; and (B) has a working knowledge of— (i) those regulations; (ii) the handling of hazardous material; (iii) the operation of emergency equipment used in response to emergencies arising out of the transportation of hazardous material; and (iv) appropriate response procedures to follow in those emergencies; (6) shall establish minimum scores for passing the tests; (7) shall ensure that an individual taking the tests is qualified to operate a commercial motor vehicle under regulations prescribed by the Secretary and contained in title 49, Code of Federal Regulations, to the extent the regulations apply to the individual; and (8) may require— (A) issuance of a certification of fitness to operate a commercial motor vehicle to an individual passing the tests; and (B) the individual to have a copy of the certification in the individual's possession when the individual is operating a commercial motor vehicle. (b) REQUIREMENTS FOR OPERATING VEHICLES. —(1) Except as provided in paragraph (2) of this subsection, an individual may operate a commercial motor vehicle only if the individual has passed written and driving tests to operate the vehicle that meet the minimum standards prescribed by the Secretary under subsection (a) of this section. (2) The Secretary may prescribe regulations providing that an individual may operate a commercial motor vehicle for not more than 90 days if the individual— (A) passes a driving test for operating a commercial motor vehicle that meets the minimum standards prescribed under subsection (a) of this section; and (B) has a driver's license that is not suspended, revoked, (^r canceled. § 31306. Alcohol and controlled substances testing (a) DEFINITION.—In this section, "controlled substance" means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transportation. (b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR VEHICLES.— (1)(A) In the interest of commercial motor vehicle safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring motor carriers to conduct premployment, reasonable suspicion, random, and post-accident testing of operators of commercial motor

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