Warning: Laws are subject to change without notice. Submit your questions to www.askthelaw.org<\/a><\/p>\n WE HOPE TO SEE YOU IN LAS VEGAS<\/b><\/p>\n Please join our Ol\u2019 Blue, USA \u201cSafety Center\u201d\u00ae at the Great West Truck Show in Las Vegas, NV on May 30, 31 & June 1.\u00a0 We are pleased to announce that Trooper Elmer Johnson and his team from the Nevada Highway Patrol will be joining us in Las Vegas again this year.\u00a0 Visit our website at www.safetytour.org<\/a> for more details.<\/p>\n 34-HOUR RESET DURING DRUG TEST<\/b><\/p>\n Q:<\/b> During a 34-hour reset, my leasing company required me to take a random drug test.\u00a0 I drove my personal vehicle to take the test.\u00a0 Since I had to log the test as \u201con-duty\u201d per section 395.2(7), it interrupted my 34-hour reset.\u00a0 The company then sent me two violations for the 70-hour rule.\u00a0 Does section 395.1(B)(2) exempt me from the 70-hour rule violation?\u00a0 Did the company violate section 395.3 by requiring me to drive?\u00a0 Are there any exceptions for interrupting the 34-hour reset?\u00a0 Should I have restarted the 34-hour reset since the test interrupted the reset?\u00a0 Please help! \u2013 Charles in California<\/p>\n A: Provided by Sgt. Pete Camm (Ret.)<\/a>, California Highway Patrol, Sacramento, CA: <\/strong>Failure of your employer to adequately plan for your test does not constitute an \u201cemergency\u201d for you.\u00a0 And yes, your employer would be in violation of 395.3 if they required you to drive your own vehicle to the testing site.\u00a0 All time, including travel to and from a random test, is considered \u201con-duty\u201d time (395.2 definitions, paragraph 7 under \u201con-duty time\u201d).\u00a0 However, if someone else drove you to and from the test, the 70-hour rule would not have been violated.\u00a0 A driver can perform work for a MC totaling 90 hours and not violate the 70-hour rule provided all work performed after the 70th hour did not involve driving.\u00a0 You should have restarted your 34-hour off-duty time.\u00a0 Generally, the 34-hour restart is already an exception to the regulations (395.3) and I\u2019m not aware of an exception to that exception.\u00a0 Prior to implementation of the 34-hour restart rule, many drivers red-lined for being over hours were down two or more days before they were able to subtract hours to re-qualify (no hours to deduct from first two days of previous seven).<\/p>\n DEALING WITH A FAILED DRUG TEST<\/b><\/p>\n Q:<\/b> Are there any companies that hire drivers with a failed drug test (over a year ago) or who don\u2019t read DAC reports?\u00a0 Greg in Ohio<\/p>\n
\nThese interpretations were made on April 14, 2013.<\/span><\/p>\nBrought to you as a public service by Ol\u2019 Blue, USA and 10-4.<\/h4>\n