FMCSR 382.115(a): No Testing Program — Driver Q&A

No. Across our 13 million inspection records, this violation has never resulted in an out-of-service order—the OOS rate is 0.0%. This is a regulatory compliance violation tied to the motor carrier's testing program, not a driver-level condition like drug use or intoxication. However, other drug and alcohol violations in the same category carry out-of-service rates as high as 99.2%, so address any underlying substance-use citations immediately.

This violation carries a severity weight of 6 points. Those points are multiplied by the number of violations within a 30-day window. So if you receive one 382.115(a) citation, it counts as 6 points; two citations in 30 days would be 12 points. These accumulate in the Controlled Substances/Alcohol BASIC and affect your Safety Fitness Determination score.

First, confirm your carrier has implemented or is implementing a controlled substances and alcohol testing program that meets FMCSA requirements. Second, request copies of all inspection documentation and the violation citation. Third, have your safety manager or compliance officer review the finding—this is a carrier-level program issue, not a driver action. If you believe the citation is factually inaccurate, gather any evidence of your carrier's testing program and prepare to file a DataQs record correction request through FMCSA.

It's categorized differently from driver-conduct violations. While peer codes like 392.4(a) (drug use) average 96.9% out-of-service rates and 392.5(a)(2) (BAC 0.04+) reaches 99.2% OOS, 382.115(a) focuses on carrier program administration. Our data shows zero out-of-service placements for 382.115(a) in our entire database, reflecting that this is an operational deficiency rather than an immediate safety threat. Still, it requires swift remediation to avoid CSA scoring and future citations.

Yes. If the citation is factually incorrect—for example, if your carrier does have a testing program in place but the inspector failed to verify it—you can file a record correction request with FMCSA's DataQs system. You'll need documented evidence that the violation did not occur as cited. This is typically a documentation-based challenge rather than an equipment or driver-conduct dispute. Work with your carrier's compliance team to gather proof of program implementation and submit supporting records.

Our inspection database shows zero citations for 382.115(a) in the last 12 months, and zero in the last 90 days. This is an extremely rare violation across 13 million roadside inspection records. When it does occur, it typically reflects a significant gap in a carrier's drug and alcohol testing infrastructure rather than a widespread or frequent enforcement action.

This is a carrier obligation. FMCSA requires motor carriers to establish and maintain a testing program for controlled substances and alcohol. The citation reflects a failure by the carrier's safety management, not by an individual driver. However, both the driver and carrier CSA BASIC records are affected by violations in the Controlled Substances/Alcohol category, so the citation impacts your Safety Fitness profile even though your personal conduct may not be at fault.

382.115(a) is about program administration—whether a testing system exists. Violations like 392.4(a) (drug use, 96.9% OOS rate) and 392.5(a)(2) (BAC 0.04+, 99.2% OOS rate) are about driver conduct—actual substance use detected in the field. A carrier can be cited for 382.115(a) even if no driver has tested positive, simply because the testing infrastructure is missing or incomplete. If you've been cited for the program violation, ensure your carrier implements the required testing regimen to prevent future citations and to avoid compound violations when drivers are tested.