Driving School Applicability: Is a person who is attending a truck driving school, and does not yet have a commercial learner’s permit or CDL, required to complete the return-to-duty process if they test positive on a DOT pre-employment test at the school?

Persons who do not have a commercial learner’s permit or CDL are not subject to the DOT drug and alcohol testing program.  Therefore a drug test performed by the driving school on a student that does not possess a commercial learner’s permit or CDL does not qualify as a DOT pre-employment test and the student would not be subject to the DOT return-to-duty process.

Truck driving schools/employers must include prospective student drivers that possess a commercial learner’s permit or CDL in their DOT testing program before such drivers are allowed to operate a CMV that requires a CDL.  See §382.103, Question 2.