Violation code382.305

§382.305

Failure to implement a random testing program

49 CFR §382.305

At a glance

Severity
10
OOS eligible
No
BASIC category
Controlled Substances and Alcohol
Typical fine
$1,000–$11,000

Every motor carrier with CDL drivers must implement a random drug and alcohol testing program meeting the §382.305 minimums. Failure is one of the most common new-entrant audit findings.

Section 382.305 requires every motor carrier subject to Part 382 to implement a random drug and alcohol testing program. For 2026, the minimum random rates are 50% for controlled substances and 10% for alcohol.

What "implementing a program" means

  • Enrollment in a Consortium / Third-Party Administrator, or operation of an in-house program with the same controls.
  • Random selection process meeting the §382.305 specifications.
  • Selections spread reasonably throughout the year.
  • Tests administered as soon as possible after selection.
  • Records retained per §382.401.

Severity weight

This is severity weight 10. Most new-entrant audit failures in the Controlled Substances and Alcohol BASIC are §382.305 issues — either no program at all, or a program with no selections in the prior 12 months.

How to comply

  • Enroll in a C/TPA before your first driver runs a load.
  • Confirm the C/TPA is performing random selections at the §382.305 rates.
  • Retain the C/TPA agreement and selection records.
  • Use the Random Pool Calculator to verify the test count against your pool.

How Roadworthy HQ helps

Roadworthy HQ tracks your C/TPA enrollment, random pool size, selections made, and tests completed. The dashboard shows your year-to-date compliance against the §382.305 minimums. Test results received from your C/TPA are stored with the §382.401 retention period enforced.

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Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights