FMCSR 382.401 — Testing Records Not Maintained: Driver Q&A

No. Across our inspection database, 382.401 citations have never resulted in an out-of-service placement. The OOS rate for this violation is 0.0%, meaning compliance officers do not immediately sideline your vehicle for this citation.

However, this doesn't mean the citation is harmless—it still carries CSA severity weight and requires prompt corrective action to avoid compounding violations.

382.401 carries a CSA severity weight of 3 points. Within a 30-day inspection period, this violation counts toward your carrier's BASIC 4 (Unsafe Driving) safety profile and can impact your CSA scores used by insurers, brokers, and FMCSA.

While 3 points is lower than more severe violations, multiple citations in a rolling window compound quickly. Focus on preventing repeat violations in the same roadside inspection cycle.

First, document the citation details and notify your fleet safety manager or carrier immediately. Then:

1. Verify your test records — Ensure all controlled substance and alcohol testing documentation is complete and accessible.
2. Review carrier compliance — Confirm your employer maintains the required testing records for all drivers.
3. Request clarification — Ask the inspector which specific records were missing or incomplete.
4. File DataQs if warranted — If you believe the citation is factually incorrect, contest it through the FMCSA DataQs portal within the RDR window.
5. Follow up with your carrier — Work with compliance to close any gaps and prevent future citations.

382.401 is significantly less severe than direct drug and alcohol violations in the same category. Our inspection data shows:

• Direct drug use violations (392.4 codes): 95.9% to 98.5% OOS rate, 1,648 to 3,947 citations
• Alcohol possession/BAC violations (392.5 codes): 96.8% to 99.2% OOS rate, 691 to 1,478 citations
• 382.401 (testing records not maintained): 0.0% OOS rate, 0 citations recorded

382.401 is a documentation failure, not a driver conduct violation. Fix the records and the risk profile drops dramatically.

Yes, you can contest it through the FMCSA's DataQs (Detailed Query System) portal during the Roadside Data Review (RDR) challenge window, typically 60 days from citation.

Since 382.401 is a documentation violation, your contest should focus on proving the records existed or were maintained correctly—not on inspector interpretation. Gather:

• Timestamped test result documents
• Carrier record management system logs
• Any evidence showing compliance at the time of inspection

Documentation-based violations are often overturnable if you can demonstrate the records were present but simply not immediately available during the roadside stop.

While 382.401 carries no immediate out-of-service risk, it signals a documentation gap that FMCSA inspectors are actively looking for. Our records show zero citations in the last 90 days, but this appears to reflect extremely rare enforcement rather than absence of the violation.

Address it immediately:

1. Audit your carrier's testing record system — Verify all controlled substance and alcohol tests are documented and retrievable.
2. Implement digital tracking — Use certified management systems to timestamp and store test results.
3. Train dispatchers and compliance staff — Ensure everyone knows where and how to access records during an inspection.

Prevention is far simpler than fighting citations.

382.401 is a carrier violation, not a driver violation. The citation reflects the motor carrier's failure to maintain required controlled substances and alcohol testing records—a corporate compliance responsibility.

However, it still appears on the carrier's CSA BASIC 4 profile and can affect the carrier's safety rating, which in turn impacts driver employability, insurance costs, and customer perception. Drivers should work with their carrier's compliance department to ensure records systems are in place and accessible during roadside inspections.

No. 382.401 is logged as a carrier-level violation in the FMCSA SafetyNet database, not a driver record violation. It will not appear on your CDL driving history or personal CSA scores.

However, if your employer receives multiple 382.401 citations, it signals weak record-keeping practices that can trigger compliance audits, increased inspection frequency, and potential enforcement action against the carrier. As a driver, you benefit from helping your fleet maintain clean documentation systems.