Section 34520 Of Division 14.8. Safety Regulations From California Vehicle Code >> Division 14.8.
34520
. (a) Motor carriers and drivers shall comply with the
controlled substances and alcohol use, transportation, and testing
requirements of the United States Secretary of Transportation as set
forth in Part 382 (commencing with Section 382.101) of, and Sections
392.4 and 392.5 of, Title 49 of the Code of Federal Regulations.
(b) (1) A motor carrier shall make available for inspection, upon
the request of an authorized employee of the department, copies of
all results and other records pertaining to controlled substances and
alcohol use and testing conducted pursuant to federal law, as
specified in subdivision (a), including those records contained in
individual driver qualification files.
(2) For the purposes of complying with the return-to-duty alcohol
or controlled substances test requirements, or both, of Section
382.309 of Title 49 of the Code of Federal Regulations and the
followup alcohol or controlled substances test requirements, or both,
of Section 382.311 of that title, the department may use those test
results to monitor drivers who are motor carriers.
(3) Evidence derived from a positive test result in the possession
of a motor carrier shall not be admissible in a criminal prosecution
concerning unlawful possession, sale, or distribution of controlled
substances.
(c) A drug or alcohol testing consortium, as defined in Section
382.107 of Title 49 of the Code of Federal Regulations, shall mail a
copy of all drug and alcohol positive test result summaries to the
department within three days of the test. This requirement applies
only to drug and alcohol positive tests of those drivers employed by
motor carriers who operate terminals within this state.
(d) A transit agency receiving federal financial assistance under
Section 3, 9, or 18 of the Federal Transit Act, or under Section 103
(e)(4) of Title 23 of the United States Code, shall comply with the
controlled substances and alcohol use and testing requirements of the
United States Secretary of Transportation as set forth in Part 655
(commencing with Section 655.1) of Title 49 of the Code of Federal
Regulations.
(e) The owner-operator shall notify all other motor carriers with
whom he or she is under contract when the owner-operator has met the
requirements of subdivision (c) of Section 15242. Notwithstanding
subdivision (i), a violation of this subdivision is an infraction.
(f) Except as provided in Section 382.301 of Title 49 of the Code
of Federal Regulations, an applicant for employment as a commercial
driver or an owner-operator seeking to provide transportation
services and meeting the requirements of subdivision (b) of Section
34624, may not be placed on duty by a motor carrier until a
preemployment test for controlled substances and alcohol use meeting
the requirements of the federal regulations referenced in subdivision
(a) have been completed and a negative test result has been
reported.
(g) An applicant for employment as a commercial driver or an
owner-operator, seeking to provide transportation services and
meeting the requirements of subdivision (b) of Section 34624, may not
be placed on duty by a motor carrier until the motor carrier has
completed a full investigation of the driver's employment history
meeting the requirements of the federal regulations cited under
subdivision (a). Every motor carrier, whether making or receiving
inquiries concerning a driver's history, shall document all
activities it has taken to comply with this subdivision.
(h) A motor carrier that utilizes a preemployment screening
service to review applications is in compliance with the employer
duties under subdivisions (e) and (f) if the preemployment screening
services that are provided satisfy the requirements of state and
federal law and the motor carrier abides by any findings that would,
under federal law, disqualify an applicant from operating a
commercial vehicle.
(i) It is a misdemeanor punishable by imprisonment in the county
jail for six months and a fine not to exceed five thousand dollars
($5,000), or by both the imprisonment and fine, for a person to
willfully violate this section. As used in this subdivision,
"willfully" has the same meaning as defined in Section 7 of the Penal
Code.
(j) This section does not apply to a peace officer, as defined in
Section 830.1 or 830.2 of the Penal Code, who is authorized to drive
vehicles described in Section 34500, or to a firefighter, as defined
in subdivision (f) of Section 15250.6, who is authorized to operate
firefighting equipment as defined in subdivision (g) of Section
15250.6, if that peace officer or firefighter is participating in a
substance abuse detection program within the scope of his or her
employment.