Yes. If a random selection is done based on locations or terminals, a two-stage selection process must be utilized. The first selection would be made by the locations and the second selection would be of those employees at the location(s) selected. The selections must ensure that each employee in the pool has an equal chance of being selected and tested, no matter where the employee is located. [§382.305, Question 7]

Last Updated : May 20, 2015

Yes. Freight forwarders and brokers are required to register with FMCSA. Freight forwarders that perform both freight forwarder services and motor carrier services must register both as a freight forwarder and as a motor carrier. Also note that motor carriers that broker loads, even occasionally, must register both as a motor carrier and as a broker.

Last Updated : October 30, 2015

No.  If the carrier’s safety status improves while awaiting the comprehensive investigation, the Division Administrator may elect to remove the carrier from the “Investigate 1” list, as long as it is noted in the carrier assignment system why the carrier was removed.

Last Updated : July 29, 2015

One $75,000 bond or trust fund is sufficient as long as the legal entity holding the authorities is the same. Your company will need to file separate BMC–84/BMC–85 forms for the broker and freight forwarder operations. However, the underlying bond or trust fund can be the same for both operations. If your broker and freight forwarder operations are conducted under separate but affiliated companies, each entity must have a separate bond or trust fund. Source: 78 FR 54720, Sept. 5, 2013.

Last Updated : April 2, 2014

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

The Federal Motor Carrier Safety Regulations (FMCSRs) does not include a list of prohibited medications.

The Agency relies on the certifying medical examiner to evaluate and determine whether an underlying medical condition, medication, or combination of medications and substances used by an individual driver will impair his or her ability to safely operate a commercial motor vehicle (CMV).  Medical Examiners may disqualify a driver who takes any medication or combination of medications and substances that may impair or interfere with safe driving practices.  All medications must be assessed to determine the potential risk of adverse side effects, which include but are not limited to:  dizziness, drowsiness, and sleepiness, and the direct impact the potential side effects have on CMV driving and operation safety.

The medical examiner may confer with the treating medical specialist(s) who is familiar with the driver’s health history.  The final decision to certify the driver rests with the certifying medical examiner.

The certifying medical examiner may consider utilizing the optional medication form when communicating with the treating prescribing clinician.

Medication Form for optional/voluntary use by the Certified Medical Examiner.

Last Updated : June 18, 2020

FMCSA regulations prohibit a driver from beginning or continuing to drive if their ability and/or alertness is impaired by: fatigue, illness, or any cause that makes it unsafe to begin (continue) to drive a commercial vehicle.
Even if a driver currently has a valid medical certificate, the driver is prohibited from driving a CMV with any medical condition that would be disqualifying or may interfere with the safe operation of a CMV. Once a disqualifying medical condition is resolved, and before resuming operation of CMVs, a driver is responsible for obtaining re-certification from a Medical Examiner. 391.45

Last Updated : April 1, 2014

An application for operating authority is Dismissed if the applicant fails to provide evidence of financial responsibility (proof of insurance) and a designation of process agent Form BOC-3 approximately 90 days from the date of filing of the application. 

A dismissal is the equivalent of a rejection, and you have two options to proceed:  

1. Submit an Appeal: If you have evidence that insurance was filed on time and the dismissal was made in error, you can choose to submit an appeal. Make sure to provide the necessary documentation to support your appeal. 

2. File a New Application: You can file a new application for operating authority. You have the option to apply online or by sending the corresponding OP series form as applicable. Additionally, you will need to pay the appropriate fee of $300 per type of operating authority requested. Applications following a rejection/dismissal must be filed under the same USDOT and MC/FF numbers.   

Important Note:  Any subsequent applications following a rejection or dismissal cannot be filed via the Unified Registration System.  

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If you need further assistance, you may contact the FMCSA Contact Center online by submitting a ticket or calling 1-800-832-5660. 

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

The investigation must be performed within 6 months of the carrier being identified for enhanced oversight.

Last Updated : July 29, 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

The regulations do not address how a SAP should be compensated. [§382.605, Question 11] The DOT has left discussions regarding payment to employer policies and to labor-management agreements.  

Last Updated : May 20, 2015

Process and Payment for Split Specimen Test: If a driver makes a timely request for a split-specimen test within 72 hours after being notified by the Medical Review Officer (MRO) of a positive DOT drug test, and the driver cannot cover the cost of the split-specimen test, will the split-specimen test proceed without payment?

Yes, the employer must pay the cost of the split-specimen test so that the test proceeds in a timely manner as required by 49 CFR § 40.173  Part 40 provides that an employer may seek reimbursement for full or partial costs of the split-specimen test through company policy or a collective bargaining agreement, but the regulations take no position on who ultimately pays the cost of the test.  See 49 CFR § 40.171 (a) and  § 40.173 (b) (c).

Last Updated : May 20, 2015

Yes, 49 CFR 382.501(c) provides that drivers who are disqualified pursuant to Part 382 are prohibited from operating both a CMV as defined in §382.107 (over 26,000 pounds), and as defined in §390.5 (over 10,000 pounds and operated in interstate commerce) and may be disqualified under § 391.41(12), (13).

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-consortiumthird-party-administrators#sthash.xu4XJbe0.dpuf. 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

Answer:  No.

If the driver admits only off-duty alcohol abuse, the motor carrier may require the driver to undergo a medical evaluation pursuant to § 391.45 ( c ). If the medical examiner (ME) determines the driver has a current diagnosis of alcoholism, the ME will disqualify the driver, under 49 CFR § 391.41(b)(13). In order for the driver to be considered for re-certification, the driver will have to successfully complete an employee assistance program (EAP) and demonstrate they do not have a current diagnosis of alcoholism. This determination should be made by a qualified medical examiner. 

Last Updated : March 31, 2016

Random Testing Selection Period: A driver that was selected in the first quarter but was tested on April 4. Is the motor carrier in violation for not testing the driver in the selection period they were selected, since the first quarter selection runs from January 1 to March 31? Also, does this random test count towards the first quarter or second quarter?

Yes, the motor carrier is in violation because the driver was not tested in the selection period he/she was selected, as is required by 49 CFR § 382.305(i)(3).  However, the test will count towards the motor carrier meeting their minimum random testing requirements of 25% for DOT random controlled substance testing and 10% for DOT random alcohol testing. Please see 49 CFR § 382.305(b)(1)(2).

Last Updated : March 31, 2016

Random Testing Selection Period: A motor carrier conducts or administers a DOT random test on a driver that was selected in the fourth quarter of the year, but the test was not verified by the medical review officer (MRO) until the next year. What year does this DOT random test count towards?

The test will count towards the MIS results for the year during which the specimen was collected, and not when the test was verified.

Last Updated : May 20, 2015

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