The Federal Motor Carrier Safety Administration has agreed to consider a change to its drug regulations after inspectors identified a gap in how certain out-of-service orders can be enforced. The agency granted a petition from the Commercial Vehicle Safety Alliance (CVSA) on September 17, but no rule has changed yet.

Under 49 CFR § 392.4, a driver cannot be on duty while possessing, using, or being under the influence of specified drugs or other substances. The regulation does not contain language that expressly prohibits a driver from violating an out-of-service order issued under that section. The neighboring alcohol regulation does: it specifies a 24-hour out-of-service period and says drivers must not violate the order.

CVSA’s petition describes a case in which a driver was placed out of service for 24 hours after an inspection in Mississippi found marijuana. The driver was later stopped in Alabama while the order was still active. CVSA says a second stop can be difficult to address under § 392.4 when an officer seized the substance during the first inspection and there is no longer contraband in the vehicle.

CVSA wants the drug regulation to spell out when the 24-hour period begins and explicitly prohibit driving in violation of the order. The proposed wording would bring those provisions closer to the existing alcohol rule.

For drivers, the key distinction is where the process stands: FMCSA has agreed to start rulemaking, not adopted CVSA’s requested language. The agency says it will consider information gathered during that process, including public comments, before deciding whether to issue a final rule. Drivers should continue to follow any out-of-service order they receive; the regulatory gap identified by CVSA is not permission to resume driving.

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Last Updated: September 30, 2026

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