Tow Truck Driver Drug Testing: DOT Rules and Texas TDLR
Short answer: federal DOT drug and alcohol testing (49 CFR Part 382) covers tow truck drivers who need a CDL, and their employer. Drivers of lighter tow trucks that don't need a CDL are not under Part 382. Texas is different: every tow company must adopt a drug and alcohol testing policy that TDLR accepts, covering every operator, CDL or not, with a test before hire, a test every 12 months, and random tests. Here is what applies to your company.
Updated October 14, 2026 · Checked against the federal regulations
Federal rule: only drivers who need a CDL
Part 382 applies to every person who operates a commercial motor vehicle in commerce and is subject to the CDL rules in Part 383, and to their employers (382.103). A CDL is needed for a combination of 26,001 pounds or more when the towed unit is over 10,000 pounds (Group A), a single vehicle of 26,001 pounds or more (Group B), or a vehicle carrying 16 or more people or placarded hazardous materials (Group C) (383.5).
So a heavy wrecker or a rollback rated 26,001 pounds or more puts its driver under DOT testing: a pre-employment test, random tests (50% drug and 10% alcohol in 2026), post-accident and reasonable-suspicion tests, and Clearinghouse queries. A light-duty tow truck under those weights does not, even when it needs a USDOT number.
A USDOT number is not the same as DOT drug testing
For safety rules, a commercial motor vehicle starts at 10,001 pounds in interstate commerce (390.5). That threshold brings a USDOT number and other FMCSA rules. The drug and alcohol testing rules start at the CDL weights above. A company with both kinds of trucks has some drivers in the DOT program and others outside it.
Texas: TDLR's drug testing rule for every tow operator
Every Texas tow company and vehicle storage facility must adopt a drug and alcohol testing policy (Texas Occupations Code 2308.158). TDLR gives three choices: use TDLR's Model Drug Testing Policy, use a TDLR-approved drug testing consortium, or file your own policy that is at least as strict as the model. Under the model policy:
- A pre-employment test after a conditional job offer.
- An annual test: at least one scheduled test every 12 months.
- Random tests of at least 25 percent of operators each year, on top of the annual test.
- A return-to-duty test, then at least six unannounced follow-up tests in the first 12 months back.
- Tests for marijuana, cocaine, amphetamines, PCP, opiates and alcohol, collected with split-specimen procedures at an HHS-certified laboratory, with a Medical Review Officer.
- A signed TDLR consent form before each test, kept at the company (not sent to TDLR).
- Notice to TDLR within 3 days of receiving a confirmed positive result.
- If you are the only employee of your own tow company, only the pre-employment and annual tests apply to you.
Texas exception for CDL tow drivers
The model policy exempts towing operators from the annual test if they are under DOT random testing (Part 40), were randomly tested in the 12-month reporting period, tested negative, and the negative result was verified by the MRO. A CDL tow driver in a DOT random program can meet the annual test that way. Random selection isn't guaranteed in any year, so plan the annual test for drivers who weren't picked.
How Pact handles a towing company
CDL drivers go in Pact's DOT program: the random pool, Clearinghouse queries, and the records an auditor asks for, at $25 a driver a month ($99 minimum). DOT drug tests are $69.
For non-CDL operators in Texas, call Pact before ordering. Pact's standard online non-DOT test is a single-specimen urine drug test, and TDLR's rule calls for split-specimen collection and an alcohol test, so the testing has to be set up to match your TDLR policy. Pact is not on TDLR's approved consortium list. Filing your policy with TDLR and reporting positives to TDLR stay with your company.
Common questions
Do tow truck drivers need a DOT drug test?
Only if the truck needs a CDL: 26,001 pounds or more (or a combination over that with a towed unit over 10,000 pounds), 16 or more passengers, or placarded hazmat. Then Part 382 applies. Texas also requires drug testing for every licensed tow operator under TDLR's rule.
Does a light-duty tow truck need a DOT drug testing program?
Not under federal rules if no CDL is needed. It may still need a USDOT number and other FMCSA rules from 10,001 pounds in interstate commerce. In Texas, TDLR's drug testing policy covers the operator anyway.
How often does Texas require tow operators to be drug tested?
Before hire, at least once every 12 months, plus random tests of at least 25 percent of operators a year, under TDLR's Model Drug Testing Policy. A one-person tow company has only the pre-employment and annual tests.
Who reports a positive test to TDLR?
The company, within 3 days of receiving the confirmed result from the MRO, with the employee's name, license number, test date, substance and the discipline imposed.
What are a Texas tow company's choices for a drug testing policy?
TDLR's Model Drug Testing Policy, a TDLR-approved drug testing consortium, or your own policy that TDLR approves as at least as strict as the model.
Sources
- 49 CFR 382.103: Applicability
- 49 CFR 383.5: Definitions (CMV for CDL purposes)
- 49 CFR 390.5: Definitions (CMV for safety rules)
- TDLR: Drug Testing Policy for tow and VSF companies
- TDLR Model Drug Testing Policy (PDF)
- TDLR Towing and Vehicle Storage