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Are student drivers subject to the return to duty process after a non-negative test or refusal?
PostedMarch 31, 2025
UpdatedMay 22, 2025
Only if they hold a CLP or CDL.
If a student does not yet have a Commercial Learner’s Permit (CLP) or Commercial Driver’s License (CDL), they are not subject to DOT drug and alcohol testing regulations. This means that:
- Any test conducted by the driving school is considered a non-DOT test,
- And therefore, a non-negative result or a refusal does not trigger the DOT Return-to-Duty process under 49 CFR Part 40, Subpart O.
However, if the student does have a CLP or CDL, and the test is performed under DOT authority (e.g., during safety-sensitive training or employment), then a non-negative or refusal would require the student to go through the full Return-to-Duty process.
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