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June 29, 2023

Drug & Alcohol Test FAQs for Truckers · Compliance Guide

The most significant objective of the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration is to make highways and roads safe for everyone. Every safety-sensitive driver involved in the commercial transportation industry is subject to drug and alcohol testing procedures. Before these drivers are allowed to operate in a safety-sensitive position, they must take a pre-employment drug test with a negative result. Proper drug and alcohol testing is essential to ensure compliance with the rules and regulations laid down by the FMCSA and avoid costly fines and civil penalties. Let’s look at some of the most common questions regarding drug and alcohol testing compliance below:

1. Do All My Truck Drivers Have To Be Enrolled In A Random Drug And Alcohol Testing Program?

As per the rules and regulations laid down by the FMCSA, all drivers in safety-sensitive positions who operate a commercial motor vehicle as defined in 49 CFR Part 382 must enroll in a random drug and alcohol testing program. This requirement includes but is not limited to full-time employees, casual, intermittent, or occasional drivers, and leased and independent owner-operator contractors.

2. As An Owner-operator, Am I Required To Be Enrolled?

Yes, if you are an owner-operator who operates a commercial motor vehicle as defined in 49 CFR Part 382, you are required to be enrolled in a random drug and alcohol testing program per the FMCSA.

3. When Are Drivers Required To Be Tested?

The following are six reasons why drug and alcohol testing is required.

  • Pre-employment Testing – Done before they can begin safety-sensitive duties or responsibilities
  • Random Testing – When randomly chosen during a testing period
  • Reasonable Suspicion – When a supervisor observes a driver appearing to be under the influence of drugs or alcohol
  • Post-Accident – After an accident
  • Return-To-Duty – Required before a driver is allowed to return to safety-sensitive duties after testing positive for a drug test
  • Follow-Up Testing – Required testing when a driver is involved in a substance abuse program

4. What Happens If A Driver Tests Positive Or Refuses To Take The Drug Or Alcohol Test?

If a driver refuses to take the test or does not show up for testing within a reasonable time, that is typically equivalent to failing a drug test. The first thing you should do as an employer is immediately remove said driver from all safety-sensitive positions. If they test positive or refuse to test, they are not legally permitted to operate a commercial motor vehicle. Additionally, they must visit a substance abuse professional (SAP) and successfully complete the program before they can be allowed to return to any safety-sensitive position.

5. Can I Include Non-CDL Drivers In The USDOT Random Drug And Alcohol Testing Program?

Only USDOT-regulated drivers can be enrolled in a USDOT random drug and alcohol testing program. You may, however, enroll your non-DOT-covered employees in a completely separate non-DOT testing pool. 

6. What Controlled Substances Do They Test For?

The typical standard for USDOT testing is a five-panel drug test that includes Marijuana, Cocaine, Opiates, Amphetamines, and PCP. The drug test can be by a urine or oral fluid test.

7. Don’t They Do A Drug Test At My USDOT Physical?

The USDOT does not mandate a drug test for your USDOT physical. Instead, your health and medication records are thoroughly assessed by the doctor. As a standard procedure, a urine sample is usually collected for a urinalysis, strictly for screening medical conditions.

8. If I Am An Ag-exempt Farmer, Am I Exempt From Having To Test?

If you are operating a farm vehicle and staying within a 150-mile radius of your farm you are exempt from drug and alcohol testing. But beware, if you venture beyond this radius, enrollment in a random testing program is mandatory.

9. How Does Drug And Alcohol Testing Help Keep The Roads Safe?

Mandatory drug and alcohol testing is an excellent deterrent for keeping drug and alcohol offenders from choosing a career that would put them behind the wheel of big trucks and buses. These regulations are also a way to hold employers and drivers accountable. In return, it will help minimize the risks to other drivers and pedestrians.

10. How Do I Know If My Company Is Subject To Testing?

According to the current regulations, drug and alcohol testing is required for all employers and employees in safety-sensitive positions. For example, if you are in the aviation or transportation industry, operate commercial buses, work on railroads, or any form of public transportation, you are most likely in a safety-sensitive position.

Conclusion

Federal compliance in the transportation arena can often seem complicated and intimidating. Finding a reputable compliance company to assist you in navigating through this can mean the difference between your business running smoothly or making mistakes that could cost you thousands in fines and penalties or, even worse, could put you at risk of your business being placed out of service. DOT Compliance Group is registered with the FMCSA as a consortium/third-party administrator (C/TPA) for this program. Reach out today to DOT Compliance Group to get signed up.

FAQ

What Happens If You Fail a DOT Inspection?

If the vehicle or driver is deemed unsafe, they may be placed out of service, meaning the vehicle cannot operate until all violations are properly corrected.

Who decides which level of inspection to perform?

Both the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration have a part in DOT inspection levels. The CVSA develops the criteria and sets the procedures for every inspection level. The FMCSA establishes overall regulations and determines which vehicles must be inspected.

How often do DOT inspections happen?

DOT inspections can happen at any time. They most commonly happen during roadside stops and weigh stations. Carriers with higher risk, poor safety records, or hazardous material may be inspected more frequently.

What documents are required during an inspection?

Documents required during an inspection include but may not be limited to:

  • State driver’s license or commercial driver’s license
  • Medical examiner’s certificate
  • Record of duty status
  • Vehicle registrations
  • Periodic inspections document for all vehicles being operated
  • Shipping papers or bills of lading
  • Information for hazardous materials being transported
  • Proof of insurance

What are common DOT inspection violations?

According to the FMCSA, the 5 most cited roadside violations are:

  1. False Report of Driver’s Record of Duty Status: log falsification providing inaccurate or intentionally altered duty-status information.
  2. No Record of Duty Status (ELD Required): using a commercial vehicle without the required electronic logging device or valid time records.
  3. Inoperable Required Lamp: crucial lights (headlights, brake lights, turn signals, etc.) are not functioning properly.
  4. Operating a Commercial Motor Vehicle Without a Commercial Driver’s License (CDL)
  5. Operating a Commercial Motor Vehicle Without Proof of a Periodic Inspection: failure to meet FMCSA the maintenance standards of a required annual inspection.

Why is updating VMT important for compliance?

VMT is tracked to determine fuel tax obligations (Vehicle Miles Traveled Tax) used for road maintenance and improvements. Trucking companies must keep accurate records of VMT to ensure they pay the correct amount of taxes.

How often should VMT be updated?

For motor carriers VMT must be updated every two years along with the MCS-150 form for the Biennial Update.

Can VMT be tracked automatically with technology?

Yes, Electronic Legging Devices (ELDs), Fleet Management Apps, and Mileage Tracking Software are all technological advancements that can simplify the process of VMT tracking.

How does VMT affect taxes and fuel reporting?

Accurate VMT records help document mileage for business-related tax deductions, ensuring compliance with IRS regulations. It also supports fuel tax reporting by tracking the miles each vehicle travels in different jurisdictions, which is essential for state and federal fuel tax calculations. Proper tracking reduces errors, prevents penalties, and provides a clear record of operational costs.

How do I know when my Biennial Update is due?

  • Your filing schedule depends on the last two digits of your USDOT number. The last digit corresponds with what month the form needs to be filed in. January is 1, February is 2, March is 3, etc. The next to last digit determines the year (odd-numbered year or even numbered year). For example, DOT number 1234567 files their biennial update in July (7) of every even year (6). Contact us today to see if you’re due.

Does the Biennial Update cost money to file?

While you can file your Biennial Update yourself for no cost through FMCSA. The process can often be confusing and time-consuming. Our team can handle your filing for you, simplifying the process for you.

Do intrastate carriers need to file the update?

Yes, even if carriers stay within state lines, a biennial update is still needed for their USDOT number.

What happens if I miss my filing deadline?

  • Failure to complete biennial update to FMCSA can be subject to fines with a maximum penalty of $10,000. If your update is past due, you can still file it to restore your compliance status. Contact us today to file your form! https://dotcompliancegroup.com/bu-update/ 

What are the new FMCSA rules in 2025?

  1. Civil Penalty Amount Increases
  2. Drug & Alcohol Clearinghouse Becomes Exclusive Source for checking driver history.
  3. ELD Technology Required
  4. SMS (Safety Measurement System) Modernization
  5. Crash Preventability Determination Program Expanded

When do the 2025 FMCSA regulations take effect?

The confirmed dates these regulations take effect is May 30, June 23, October 1, 2025.

How can trucking companies prepare for these changes?

Regularly reviewing your Safety Measurement System (SMS) scores and maintaining personal checklists for inspections, driver qualification files, and drug and alcohol testing helps catch issues before they affect audits. Partnering with DOT Compliance Group streamlines filings, reporting, and ongoing monitoring, taking the guesswork out of FMCSA regulations and keeping your operation audit-ready year-round.

What Triggers a DOT Compliance Review?

A DOT compliance review is triggered when FMCSA wants to ensure a carrier is following safety regulations. Common triggers include high SMS safety scores, a history of crashes or violations, and previous noncompliance. Staying proactive with accurate records, driver files, and regular internal audits helps reduce the likelihood of a review.

Where can I get help with FMCSA filings?

DOT Compliance Group can assist with any help or questions you may have about FMCSA filings. Call 972-476-9962.

How long are violations kept on record?

According to the Clearinghouse rules, drug and alcohol violations remain in the FMCSA Clearinghouse for five years, provided all requirements (such as completing the return‑to‑duty process) have been met before that period ends.

What if an employer makes a mistake in reporting?

In practice, correcting an employer reporting error typically involves identifying the mistake in the database and then submitting a request for correction through the Clearinghouse portal or FMCSA procedures, so the record reflects accurate information. 

What are the penalties for non-compliance?

FMCSA rules allow civil penalties for non‑compliance, and separate authorities note that employers who fail to meet Clearinghouse requirements may face civil fines or criminal penalties under federal regulations.

Do trucking companies check the Clearinghouse?

Yes — trucking companies check the Clearinghouse as part of their hiring and compliance process. The FMCSA Clearinghouse is designed so employers can search a driver’s drug and alcohol violation records before permitting them to operate a commercial vehicle. Employers are required to conduct these queries for both prospective and current drivers as part of compliance.

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