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Section § 382.103: Applicability

Are student drivers subject to DOT drug and alcohol testing?

Yes.
Students operating a Commercial Motor Vehicle (CMV) in commerce and holding a valid Commercial Driver’s License (CDL) or Commercial Learner’s Permit (CLP) are subject to DOT drug and alcohol testing requirements under 49 CFR Part 382.

What is the responsibility of the driving school for drug and alcohol testing?

  • If the school employs the student or leases a CMV to the student which is operated in commerce, the school is considered an employer and must comply with all Part 382 testing regulations.
  • If the school is not an employer, the student is responsible for compliance.
  • However, schools are encouraged to verify a student’s compliance before allowing them to operate a CDL vehicle, even if not required.

Is a CDL required to operate a CMV during training?

Not always.
A student must have either:

  • A valid CDL, or
  • A valid Commercial Learner’s Permit (CLP)
    → and meet the requirements of 49 CFR 383.25(a), such as driving under the supervision of a qualified CDL holder, to legally operate a CMV on public roads.

📁 Document: Section § 382.103: Applicability

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