Who Needs DOT Drug and Alcohol Testing?
FMCSA's drug and alcohol testing rules are in 49 CFR Part 382. They cover drivers who need a CDL to operate a commercial motor vehicle, and the companies that employ them. Here is how to tell if your drivers are covered.
Updated September 28, 2026 · Checked against the federal regulations
The basic rule
Under 382.103, Part 382 applies to every person who operates a commercial motor vehicle in commerce in any State and is subject to the CDL rules in Part 383. It also applies to their employers and to service agents.
Drivers under Mexico's Licencia Federal de Conductor or Canada's CDL rules are also covered when they operate here.
Which vehicles need a CDL
Part 383 defines a commercial motor vehicle (CMV) for CDL purposes. A vehicle used in commerce to carry passengers or property is a CMV if it is:
- Group A (combination): 26,001 pounds or more gross combination weight rating or weight, whichever is greater, when towing a unit rated or weighing more than 10,000 pounds.
- Group B (heavy straight truck): 26,001 pounds or more gross vehicle weight rating or weight, whichever is greater.
- Group C (small vehicle): Designed to carry 16 or more passengers, including the driver.
- Group C (small vehicle): Any size, if it carries hazardous materials that require placards.
Interstate and intrastate drivers
The CDL rules in Part 383 apply to drivers in interstate, foreign, and intrastate commerce. So a CDL driver who never leaves the state is still covered by Part 382.
Part 382 also says the general FMCSA exceptions in 390.3T(f) do not apply to it. Those drivers must follow Part 382 unless 382.103(d) exempts them.
Owner-operators
If you employ yourself as a CDL driver, you must follow both the employer rules and the driver rules. A one-driver company must be in a random testing pool with two or more covered employees. In practice, that usually means joining a consortium.
Exceptions under 382.103(d)
Part 382 does not apply to these employers and drivers:
- Those required to follow only the Federal Transit Administration testing rules (Part 655).
- Military drivers a State must waive from the CDL rules: active duty military, reserves, National Guard on active duty (including full-time and part-time training), National Guard military technicians, and active duty Coast Guard.
- Farm vehicle operators a State has chosen to exempt from the CDL rules. The vehicle must be controlled and operated by a farmer, used to carry farm products, machinery, or supplies to or from a farm, not used for-hire (with a narrow exception), and used within 150 miles of the farm.
- Firefighters and others a State has chosen to exempt who operate emergency CMVs with audible and visual signals that are not subject to normal traffic regulation.
- Drivers of "covered farm vehicles" as defined in 49 CFR 390.5.
What about non-CDL drivers?
Drivers who do not need a CDL are not under Part 382. They do not get DOT drug and alcohol tests, and they are not queried or reported in the Clearinghouse.
That does not mean no rules apply. Non-CDL drivers of CMVs may still fall under other FMCSA rules, such as driver qualification in Part 391. FMCSA's Clearinghouse FAQ says employers of non-CDL drivers must still follow the driver investigation rules in 391.23(e). Many employers also test these drivers under a company (non-DOT) policy.
Pact Compliance offers DOT testing programs for CDL drivers and non-DOT drug tests for other employees.
Common questions
Do intrastate CDL drivers need DOT drug testing?
Yes. Part 383 applies to drivers in intrastate commerce too, and Part 382 covers drivers subject to Part 383.
Does a pickup truck with a trailer need DOT drug testing?
Only if the driver needs a CDL. For a combination, that means a gross combination weight rating or weight of 26,001 pounds or more with a towed unit over 10,000 pounds, or placarded hazmat, or 16+ passengers.
Do hazmat drivers in small vehicles need testing?
Yes, if the vehicle carries hazardous materials that require placards. Any size vehicle hauling placarded hazmat is a CMV under Part 383.
Are farmers exempt from DOT drug testing?
Some are. Farmers a State has exempted from the CDL rules under the conditions in 382.103(d)(3), and drivers of covered farm vehicles, are not subject to Part 382.
Do owner-operators need DOT drug testing?
Yes, if they need a CDL. They must follow both the employer and driver rules and be in a random pool with two or more covered employees.
Do non-CDL drivers go in the Clearinghouse?
No. FMCSA says only employers of drivers subject to Part 383 and Part 382 must query or report in the Clearinghouse.
Sources
- 49 CFR 382.103 Applicability (eCFR)
- 49 CFR 383.5 Definitions (eCFR)
- 49 CFR 383.3 Applicability (eCFR)
- 49 CFR 390.5 Definitions: covered farm vehicle (eCFR)
- FMCSA Clearinghouse FAQ: Reporting Violations