Yes,  Drivers for government agencies who operate vehicles that require aCDL, and are not otherwise exempted in §382.103(d) are subject to DOT drug and alcohol testing.

The statutory definition of “employer” for Part 382, applies to any person including the United States, a State or a political subdivision of a State, and the District of Columbia, that owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle.  §382.103(c) specifically provides that the exceptions from certain Federal Motor Carrier Safety Regulations for Federal, State, and local government agencies do not apply to the FMCSA drug and alcohol testing requirements in Part 382.  The only exceptions to the requirements of part 382 are found in §382.103. 

Last Updated : May 14, 2015

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.

Last Updated : May 14, 2015

If the medical examiner’s certificate has expired, you must obtain a new one and provide it to your State Driver Licensing Agency (SDLA). If you require a variance and it has expired, you must renew it with FMCSA. Your State may require retesting and additional fees to get back your CDL privileges. If allowed by your SDLA, you may also change your self-certification to an operating category that does not require a medical certificate.

More information can be found on the FMCSA medical program web site.

You are subject to FMCSA regulations if you operate any of the following types of commercial motor vehicles in interstate commerce:

• A vehicle with a gross vehicle weight rating or gross combination weight rating (whichever is greater) of 4,537 kg (10,001 lbs.) or more (GVWR, GCWR, GVW or GCW)
• A vehicle designed or used to transport between 9 and 15 passengers (including the driver) for compensation, whether direct or indirect
• A vehicle designed or used to transport 15 or more passengers including the driver and not used for compensation
• Any size vehicle used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Parts 100-177). This includes INTRASTATE Hazardous Materials carriers

If you meet the above criteria, you must comply with the applicable U.S. Department of Transportation (DOT) safety regulations concerning:

• Controlled substances and alcohol testing for all persons required to possess a CDL
• Driver qualifications (including medical exams)
• Driving of commercial motor vehicles; parts and accessories necessary for safe operations
• Hours of service
• Inspection, repair and maintenance

You can find FMCSA regulations in the US GPO’s Code of Federal Regulations website. Select the most recent year, then go to Title 49, then parts 300-399.

For some definitions of FMCSA terms, click here.

For the purpose of complying with the new requirements for medical certification, it is important to know how you are using the CMV. To help you decide, follow these steps:

Step 1: Do you, or will you, use a commercial driver’s license (CDL) to operate a CMV in interstate or intrastate commerce?

• Interstate commerce is when you drive a CMV:
  • From one State to another State or a foreign country
  • Between two places within a State, but during part of the trip, the CMV crosses into another State or foreign country
  • Between two places within a State, but the cargo or passengers are part of a trip that began or will end in another State or foreign country
• Intrastate commerce is when you drive a CMV within a State and you do not meet any of the descriptions above for interstate commerce
• If you operate in both intrastate commerce and interstate commerce, you must choose interstate commerce

Step 2: Once you decide whether you operate (or will operate) in interstate commerce or intrastate commerce, you then must decide whether you operate (or expect to operate) in a non-excepted or excepted status.

Interstate Commerce:

• You operate in excepted interstate commerce when you drive a CMV in interstate commerce only for the following excepted activities:
  • To transport school children and/or school staff between home and school
  • As Federal, State or local government employees
  • To transport human corpses or sick or injured persons
  • Fire truck or rescue vehicle drivers during emergencies and other related activities
  • Primarily in the transportation of propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding
  • In response to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture
  • In custom harvesting on a farm or to transport farm machinery and supplies used in the custom harvesting operation to and from a farm or to transport custom harvested crops to storage or market
  • Beekeeper in the seasonal transportation of bees
  • Controlled and operated by a farmer, but is not a combination vehicle (power unit and towed unit), and is used to transport agricultural products, farm machinery or farm supplies (no placard-able hazardous materials) to and from a farm and within 150 air-miles of the farm
  • As a private motor carrier of passengers for non-business purposes
  • To transport migrant workers
• If you answered yes to one or more of the above activities as the only operation in which you drive, you operate in excepted interstate commerce and do not need a Federal medical examiner’s certificate
• If you drive for more than just the above activities, you operate in non-excepted interstate commerce and are required to provide a current medical examiner’s certificate (49 CFR 391.45), commonly referred to as a medical certificate or DOT card, to your SDLA. Most CDL holders who drive CMVs in interstate commerce are non-excepted interstate commerce drivers
• If you operate in both excepted interstate commerce and non-excepted interstate commerce, you must choose non-excepted interstate commerce to be qualified to operate in both types of interstate commerce

Intrastate Commerce:

• You operate in excepted intrastate commerce when you drive a CMV only in intrastate commerce activities which your State of licensure has determined do not require you to meet the State’s medical certification requirements
• You operate in non-excepted intrastate commerce when you drive a CMV only in intrastate commerce and are required to meet your State of licensure’s medical certification requirements
• If you operate in both excepted intrastate commerce and non-excepted intrastate commerce, you must choose non-excepted intrastate commerce

Step 3: Provide your State Driver Licensing Agency with your self-certification of your operating status. If you self-certify to non-excepted interstate, you must provide your SDLA with either the original or copy of your current medical examiner’s certificate as required by your SDLA.

If your medical examiner’s certificate is only valid with a variance granted by FMCSA, you may also be asked by your SDLA to provide a copy of that variance document.

FMCSA does not issue commercial drivers’ licenses; they are issued by the individual state driver licensing agencies (SDLA).

See also our background information on the commercial driver’s license program.

You can may also want to find your state in this index of state government agencies.

Last Updated : April 3, 2014

Under new § 383.3(h), the CDL regulations in Part 383 do not apply to the operator of a covered farm vehicle (CFV) as defined in § 390.5. Note that a CFV cannot be transporting hazardous materials in quantifies that require placarding. Operators of such vehicles would be subject to the Part 383 CDL regulations.

Last Updated : May 8, 2014

If an employer has more than one CDL driver/employee subject to DOT drug and alcohol testing, the employer may manage its random testing program.  Companies with only one CDL driver (e.g., owner-operators) who are not leased to another motor carrier, are required to place the driver in a consortium for random testing purposes. [§382.305, Question 11]

Last Updated : May 20, 2015

Q. My company received a communication entitled, “Urgent Compliance Notice” which states that our company is not in compliance with DOT Drug and Alcohol training requirements and will be subject to civil penalties up to $10,000, if our supervisors do not have at least an hour of controlled substance abuse and 1 hour alcohol misuse training pursuant to 49 CFR §382.307 (e.g. reasonable suspicion training). Is this a legitimate notice and is my company required to get training from the company that sent this solicitation?

A. The Federal Motor Carrier Safety Administration does not send notices to motor carriers entitled, “Urgent Compliance Notice” and has been made aware of companies that attempt to solicit business from newly registered motor carriers by creating an appearance that they are affiliated with FMCSA If your company is subject to the requirement for  DOT supervisor training, you are under no obligation to get such training from the company that sends a solicitation.  Motor carriers that do not operate vehicles which require a CDL-licensed driver are not subject to the DOT Drug and Alcohol testing rules or the requirement for DOT supervisor training.  If you have any questions or concerns about a notice that your company receives, you can contact FMCSA. For additional information, please see http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/us-department-transportation-dot-drug-alcohol-supervisor-training.

Last Updated : May 20, 2015

Occasional Drivers: My company purchased a large truck that is over 26,001 lbs. gross vehicle weight rating (GVWR). We do not currently employ any commercial driver’s license (CDL) drivers. The vehicle has only been driven a few times by a family friend, who is not an employee and has driven the vehicle as a favor absent any compensation. Does our company need a DOT drug and alcohol testing program to test this occasional driver?

Yes.  In accordance with §382.103, your company must implement a DOT drug and alcohol program for all drivers operating a commercial motor vehicle (CMV) that requires the driver to possess a commercial driver’s license (CDL).  Section §382.107 defines “Driver” as “any person who operates a commercial motor vehicle.”  This includes, but is not limited to: full time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.  Your company must either cease all operations of the CMV on public roads, or implement a DOT drug and alcohol testing program for any driver before he/she may operate the vehicle, regardless of whether driver compensation is involved.

Last Updated : May 20, 2015

Yes, all CDL drivers of CMVs must be included in the DOT random pool at all times. [§382.305, Question 2]

Last Updated : May 20, 2015

Yes, any person operating a CMV requiring a CDL in intrastate or interstate commerce is required to participate in a DOT Drug & Alcohol Testing Program. Please see § 382.305 question 11  . Owner-operators must register with a consortium and participate in the Consortium’s random testing pool. A Consortium/Third-Party Administrator (C/TPAs) is an entity  that manages all, or part, of an employer's DOT drug and alcohol testing program - See more at: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-are-con…. Suggestions on how to find a DOT consortium are provided  below.

Please be advised, FMCSA does not approve or endorse C/TPAs (e.g. service agents).

Suggestions on how to find a consortium and participate in a DOT Drug and Alcohol Program:

Ø  Conduct internet search and type in the key words Consortium DOT Drug & Alcohol Testing owner-operator.

Ø  Seek advice from motor carrier industry or trucking related organizations in your area.

Search the yellow pages.
For additional questions please refer to The Office of Drug and Alcohol Policy and Compliance (ODAPC) FAQS.

Last Updated : May 16, 2018

A CDL driver who tests positive on a DOT test or refuses to take a DOT test, must successfully complete the return-to-duty (RTD) process with a DOT qualified substance abuse professional (SAP).  The requirements for the RTD are found in [49 CFR Part 40, Subpart O]

Last Updated : May 20, 2015

Requirements While Not Performing Safety-Sensitive Functions: A CDL driver is selected for a random drug test and the employer directs the driver to be tested when he was (off duty) not performing a safety-sensitive function. The collection site instructs the driver to submit to a random drug test and a random alcohol test. The driver tests positive for the random alcohol test. Is the driver required to undergo the return-to-duty process before performing safety sensitive duties again as a result of the positive alcohol test?

No, 49 CFR 382.305(m) states that “A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.” As such, the test was improper. The driver does not have to complete the return-to-duty process. The employer must cancel the improper alcohol test, documenting for the record the circumstances resulting in the cancellation.

Last Updated : May 20, 2015

There is no Federal prohibition resulting from a driver testing positive on a non-DOT drug test. 49 CFR §40.13 requires that DOT and non-DOT testing be completely separate.

Last Updated : May 20, 2015

Shy Bladder: A CDL driver could not provide enough urine for the random test within thee hours of his/her first unsuccessful attempt. The collector stopped the test and reported to the designated employer representative (DER) that it was not completed. What happens in this situation?

In this situation, referred to as a “shy bladder,”  the driver has up to five days to obtain an evaluation from a licensed physician that contains a medical reason for the failure to provide a urine sample that would be acceptable to the medical review officer (MRO).  The MRO must receive a copy of the evaluation and related medical records, and will decide whether the test is cancelled or declared a refusal.  The regulations governing this process, including individual responsibilities are found in 49 CFR §40.193 and §40.195.

Last Updated : May 20, 2015
 

Yes.  Unless you are an owner-operator employing yourself as the only driver [§382.603, Question 3], you must ensure that all supervisors that are designated to supervise CDL drivers undergo a one-time 2-hour training requirement.  The training, at minimum, must include at least 60 minutes of alcohol misuse training and 60 minutes of controlled substance use training, which enables supervisors to recognize signs of drug and alcohol use that support §382.307 reasonable suspicion testing.

Last Updated : May 20, 2015

No, an employer may not include non-CDL drivers in the DOT random testing pool. Please see 49 CFR § 40.347 (B) (2) The DOT and FMCSA drug and alcohol testing regulations apply to any person who operates a CMV, as defined in § 382.107, in intrastate or interstate commerce and is subject to the CDL requirements of 49 CFR Part 383,.  An employer may perform testing beyond that required by the DOT rules, but the employer may not represent such testing as a DOT test and must place non-DOT covered employee drug and alcohol testing in a pool that is completely separate from the DOT covered testing pool.  See §382.305 Question15.

Last Updated : May 20, 2015

The Custody and Control Form for a pre-employment DOT test mistakenly indicated that the test was conducted pursuant to the Federal Railroad Administration’s (FRA) authority. The form should have indicated that the employee was a CDL-driver, being tested pursuant to FMCSA authority. Does this procedural error require the employee to have another pre-employment drug/alcohol test?

No, the driver does not need to be retested.  So long as the driver was tested in accordance with Part 40 and the test did not contain any flaws addressed in §40.201 or §40.203, or the error does not have a significant adverse effect on the rights of the employee to have a fair and accurate test, a new test is not needed. [§40.209(b)(1)]

Last Updated : May 20, 2015

Starting on January 30, 2012, when you:

• Apply for a CDL
• Renew a CDL
• Apply for a higher class of CDL
• Apply for a new endorsement on a CDL
• Transfer a CDL from another State

You will be required to self-certify to a single type of commercial operation on your driver license application form. Based on that self-certification, you may need to provide your SDLA with a current medical examiner’s certificate and show any variance you may have to obtain or keep your CDL. Source: 76 FR 70661