Federal Motor Carrier Safety Administration regulation 49 C.F.R. Part 382 applies to service agents and every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State and are subject to:

  • The commercial driver's license requirements of part 383 of this subchapter;
  • The Licencia Federal de Conductor (Mexico) requirements; or
  • The commercial driver's license requirements of the Canadian National Safety Code.

An employer who employs himself/herself as a driver must comply with requirements that apply to employers and the conditions that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.

FMCSA Employee Category Tested

  • Any driver who is licensed to drive a commercial vehicle. A commercial vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle meets the following conditions:
  • Combination Vehicle (Group A)—having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
  • Heavy Straight Vehicle (Group B)—having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
  • Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation.
  • Is used in transporting material found by the Secretary of Transportation to be hazardous under U.S.C. 5103 and transported in quantity requiring placarding under regulations prescribed by the Secretary under 49 C.F.R., subtitle B, chapter 1, subchapter C.

FMCSA Substances test for

  • Marijuana
  • Cocaine
  • Opioids (expanded)
  • Amphetamine and Methamphetamine
  • Phencyclidine – PCP

FMCSA Types of required testing

  • Pre-employment drug testing
  • Pre-employment alcohol testing (optional)
  • Random drug testing
  • Post-accident drug testing
  • Reasonable cause drug testing
  • Follow-up drug testing