392.4—Drugs and other substances.
(a)
No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances:
(2)
An amphetamine or any formulation thereof (including, but not limited, to “pep pills,” and “bennies”);
(4)
Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.
(c)
Paragraphs (a) (2), (3), and (4) do not apply to the possession or use of a substance administered to a driver by or under the instructions of a licensed medical practitioner, as defined in § 382.107 of this subchapter, who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle.
(d)
As used in this section, “possession” does not include possession of a substance which is manifested and transported as part of a shipment.
[61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]