Violation codeDrug & Alcohol

§382.305

Failure to implement a random testing program

49 CFR §382.305

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.

At a glance

Severity
10
OOS eligible
No
BASIC category
Controlled Substances and Alcohol
Typical fine
Up to $19,246 per violation (carrier)

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

Under Settings you record your consortium/TPA, your pool size, and the random rates, and upload the enrollment document. The dashboard's random-pool tile turns the pool size and the current FMCSA minimum rates into the number of drug and alcohol tests the year requires. Random results are recorded per driver like any other test. Roadworthy HQ does not make selections, track which drivers were selected, or tally completed tests against the minimum; your C/TPA's reports remain the record for that.

Related violations
Field guides

Roadworthy HQ

Track this and 800 other violations automatically.

Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

Free toolRandom Pool Rate Calculator →Part 382 turns on the random-testing pool — see how many tests yours owes this year at the current rates.

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