Violation code382.307

§382.307

Reasonable-suspicion test not administered

49 CFR §382.307

At a glance

Severity
5
OOS eligible
No
BASIC category
Controlled Substances and Alcohol
Typical fine
Audit-time penalty; pattern findings shift CR rating

A trained supervisor observing a driver's behavior may require an immediate reasonable-suspicion test. Failure to test, when reasonable suspicion exists, is a documented audit risk.

§382.307 authorizes a controlled-substances or alcohol test based on the carrier-supervisor's observation of specific articulable indicators — appearance, behavior, speech, body odors — that point to current use. The observation must come from a supervisor trained in the §382.603 1-hour controlled-substances module and the 1-hour alcohol module (a separate hour for each).

Supervisor training

§382.603 requires every supervisor designated to make reasonable-suspicion determinations to complete 60 minutes of training on the symptoms of controlled-substances use and another 60 minutes on alcohol. The training is one-time; refreshers are recommended but not strictly required.

The observation must be documented

§382.307(b) requires the observations to be made by a trained supervisor and documented in writing within 24 hours. The documentation goes in the driver's §382.401 D&A file. The driver is removed from safety-sensitive function pending the test result.

Audit and litigation risk

A documented reasonable suspicion that does not result in a test is a finding. A pattern (supervisor flagged → no test → driver later involved in accident) is litigation exposure beyond the audit penalty.

How to prevent it

  • Train every dispatch supervisor under §382.603. File the certificates in their personnel record.
  • Adopt a reasonable-suspicion checklist; the documented observation in §382.307(b) form is the basis of the test order.
  • Have a 24/7 collection arrangement so "no available collector" is never the reason for skipping.

How Roadworthy HQ helps

Roadworthy HQ tracks §382.603 supervisor training, the reasonable-suspicion event log, and the resulting test outcome. The audit binder retains the §382.401 D&A file with the observation documentation, the test record, and any follow-up consequence.

Related violations

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