assisted a motor carrier with a Marijuana drug violation.
The motor carrier had a helper get caught with marijuana inside the truck. The driver was not in possession. The driver and the helper received no fine or violation, only the motor carrier under 392.4(a). The owner of the motor carrier stated that he was the only one hurt by the violation and it will affect his insurance coverage. I made some calls to assist with the DataQ challenge of this violation.
I made three arguments why the violation should be removed:
1. Part 383. The vehicle is a straight truck and has a GVW of 26,000 pounds, so I argued the company driver was exempt from pre-employment and random drug testing.
2. Part 392.4(a) states that the driver had to be in possession and/or under the influence. The driver was neither. I had the company drug test the driver after the incident and he tested negative.
3. Part 382.107 states the owner, management, or the driver had to have “actual knowledge” of the marijuana. The owner, management, nor the driver had knowledge of the marijuana.
The owner is going to file the DataQ challenge and I will update this post once I hear back on it.