FMCSA / DOT mandate
Drug testing & Clearinghouse
Who is in Part 382 — and who is not.
Do this now
FMCSA drug and alcohol testing (Part 382) and the Clearinghouse apply to CDL drivers operating CMVs that require a CDL. A true non-CDL hotshot is often outside Clearinghouse — until the trailer ratings push you into CDL territory.
Must-have
- If the vehicle requires a CDL: pre-employment, random, post-accident, reasonable-suspicion testing. Clearinghouse query before you drive.
- If you hire CDL drivers: you are an employer under Part 382. Consortium (C/TPA) is how small MCs survive this.
- Keep testing records. A failed query is a hard stop.
The rule
49 CFR 382
Controlled substances and alcohol use and testing — CDL/CMV that requires a CDL.
Clearinghouse
Employers must query before hiring and annually. Drivers register themselves.
What they don’t publish
- Leasing a CDL owner-operator onto a ‘non-CDL MC’ without a testing program is how New Entrant audits go badly.
- Post-accident testing has specific crash triggers (tow, injury, citation). Know them before you need them.
Official desks
Tap when it’s done
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