Back to FMCSA Regulations
FMCSA Part 382

Part 382 — Controlled Substances and Alcohol Use and Testing

Part 382 is the FMCSA drug and alcohol testing rulebook for CDL drivers and motor carriers. It explains prohibited conduct, required testing, random testing programs, reasonable suspicion procedures, return-to-duty rules, follow-up testing, recordkeeping, driver consequences, employer duties, and Clearinghouse responsibilities.

Searchable Topics

Part 382 Dictionary

Tap “Full meaning” to open a popup with a longer explanation without leaving the page.

What is Part 382?

The FMCSA drug and alcohol testing rulebook for CDL drivers and covered employers.

Who It Applies To

Applies to covered CDL drivers, employers, owner-operators, managers, dispatchers, and DERs.

Prohibited Conduct

Drivers must be removed from safety-sensitive work after prohibited alcohol/drug conduct.

Required Tests

Main test types include pre-employment, random, post-accident, reasonable suspicion, RTD, and follow-up.

Pre-Employment

Do not dispatch a covered driver before required test result, Clearinghouse query, and enrollment proof.

Random Testing

Covered CDL drivers must remain in a compliant random testing pool all year.

Post-Accident

Post-accident testing requires fast decision-making, timing control, and documentation.

Reasonable Suspicion

Reasonable suspicion requires trained observation, documentation, removal, and prompt testing.

Clearinghouse

Clearinghouse queries, consent, violation reporting, and prohibited status control dispatch eligibility.

SAP / RTD

After a violation, drivers need SAP, RTD, follow-up testing, and Clearinghouse clearance before dispatch.

Carrier Checklist

A practical checklist for DOT testing, Clearinghouse, random pool, supervisor training, RTD, and records.

Real-World Risk

A driver can look qualified but still be legally prohibited from driving under Part 382.

Need help keeping CDL driver compliance clean?

DispatchHQ helps small carriers organize driver onboarding, Clearinghouse checks, random testing workflows, DQ files, safety documentation, and compliance reminders so drivers are not dispatched before they are legally ready.

Get Started
Source reference: Official eCFR — 49 CFR Part 382 . This page is a plain-English educational guide and is not legal advice.