382.309 — Return-to-duty testing not conducted
FMCSA violation code under Controlled Substances/Alcohol. Severity weight: 6.
Violation Description
Motor carrier failing to ensure driver completes return-to-duty testing before resuming safety-sensitive functions.
About This Violation Code
Code 382.309 falls under the Controlled Substances/Alcohol BASIC category in FMCSA's Safety Measurement System (SMS). It carries a severity weight of 6 (scale 1-10, higher = more severe).
When this violation is cited during a roadside inspection, it contributes to the carrier's Controlled Substances/Alcohol BASIC score. Carriers with high BASIC percentiles may be prioritized for FMCSA interventions including warning letters, investigations, or compliance reviews.
Regulatory Reference
Federal Motor Carrier Safety Regulations
This violation references 49 CFR 382.309 in the Federal Motor Carrier Safety Regulations.