Which Drivers Are Covered by FMCSA Drug and Alcohol Testing Rules?

Under 49 CFR 382.103, Part 382 applies to service agents and to every person, and every employer of such persons, who operates a commercial motor vehicle in commerce in any state and is subject to the commercial driver's license (CDL) requirements of 49 CFR Part 383. It also covers drivers subject to the Licencia Federal de Conductor of Mexico and the CDL requirements of the Canadian National Safety Code.

The same section lists exceptions. Part 382 does not apply to employers and drivers who must comply only with the Federal Transit Administration testing rules in Part 655. It also does not apply to drivers a state must waive from the CDL rules, such as active duty military personnel, members of the reserves and the national guard on active duty, and active duty Coast Guard personnel. A state may also exempt certain farm vehicle operators working within 150 miles of the farm and firefighters or others operating emergency vehicles. Drivers of covered farm vehicles, as defined in 49 CFR 390.5, are also excluded.

Section 382.103 also states that an employer who employs only himself or herself as a driver must take part in a random testing pool of two or more covered employees. Owner-operators often use a consortium or third-party administrator (C/TPA) for this, and C/TPAs are listed in the MyDrugTesting.com directory.

Sources: 49 CFR 382.103, 49 CFR 383.5