La. Admin. Code tit. 55 § III-115
Current through Register Vol. 50, No. 11, November 20, 2024
Section III-115 - Intoxicating Beverages and Controlled SubstancesA.1. No operator of a commercial motor vehicle shall consume an intoxicating beverage, regardless of its alcoholic content, or be under the influence of an intoxicating beverage, or controlled dangerous substance, within four hours before going on duty or operating, or having physical control of a commercial motor vehicle.2. No operator of a commercial motor vehicle shall consume an intoxicating beverage regardless of its alcoholic content, be under the influence of any intoxicating beverage or controlled substance, or have any measure blood alcohol concentration, or a positive reading for any controlled substance or its metabolite, while on duty or while operating or in physical control of a commercial motor vehicle.3. Additionally, no operator of a commercial motor vehicle shall be on duty or operate a commercial motor vehicle while in the immediate possession of an intoxicating beverage or controlled substance, regardless of its content. This prohibition does not apply to possession of an intoxication beverage which is manifested and transported as part of a shipment by a commercial motor vehicle.B. No motor carrier shall require or permit an operator of a commercial motor vehicle to violate any provision of this Section or any regulation prohibiting the consumption, possession or use of intoxicating beverages or controlled substances, nor shall said motor carrier allow any operator of a commercial motor vehicle to be on duty or to operate a motor vehicle if by his general appearance or by his conduct or by other substantiating evidence said operator appears to have consumed an intoxicating beverage or controlled substance within the preceding four hours. 1. Any driver or operator who is found to be in violation of the provisions of this Section shall be placed out-of-service for a period of not less than 24 hours.2. Said 24-hour out-of-service period will commence upon issuance of an out-of-service order.3. No driver of a commercial motor vehicle shall violate the terms of an out-of-service order issued under this Section and said operator shall report the issuance of out-of-service order to his employer within 24 hours of said issuance.4. The act of operating a commercial motor vehicle on the public highways and roads of the state of Louisiana shall constitute implied consent of said operator to be tested for any trace of alcohol or controlled substances. a. An operator of a commercial motor vehicle suspected to have consumed or be under the influence of an alcoholic beverage or controlled substance shall be tested by the methods approved by the Department of Public Safety and Corrections pursuant to R.S. 32:663 et seq., and the regulations promulgated thereunder.b. Any operator of a commercial motor vehicle who has been determined to have consumed or be under the influence of an alcoholic beverage or controlled substance while operating a commercial motor vehicle or within the time limits prescribed by this Section prior to operating a commercial motor vehicle shall be subject to the penalties and disqualifications set forth in R.S. 32:401 et seq., and the regulations promulgated thereunder.La. Admin. Code tit. 55, § III-115
Filed by the Department of Public Safety, Office of Motor Vehicle, 1974, promulgated and amended by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 15:1093 (December 1989), amended LR 24:2314 (December 1998).AUTHORITY NOTE: Promulgated in accordance with R.S. 32:408.