Guidance on applicability of the DOT drug and alcohol testing requirements to owner-operators and their requirement to enroll in a Consortium’s random testing pool

Question

Are Owner-Operators that operate commercial motor vehicles (CMVs) on the public roads that require a commercial driver’s license (CDL) subject to DOT drug and alcohol testing?

Answer

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 § 382.103, § 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 information at: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-are-consortiumthird-party-administrators#sthash.xu4XJbe0.dpuf. 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:

• Conduct internet search and type in the key words Consortium DOT Drug & Alcohol Testing owner-operator.
• 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) Frequently Asked Questions.