What 382.405 means in plain language
FMCSR 382.405 is a recordkeeping requirement for motor carriers. It mandates that your employer—the trucking company or carrier you work for—must prepare and maintain a summary at the end of each calendar year documenting all the controlled substance and alcohol testing results from that year.
This is an administrative rule: it doesn't directly prohibit you from using drugs or alcohol while driving (those are separate violations, much more serious). Instead, it holds carriers accountable for tracking, organizing, and retaining testing data. The regulation applies to the company's compliance department or safety office, not to individual drivers, though the citation ends up in the carrier's safety record.
What our enforcement data actually shows
Across our 13 million+ inspection records, we have found zero citations for 382.405 in all-time data, zero citations in the last 12 months, and zero citations in the last 90 days. The out-of-service rate is 0.0%—this code is not eligible for out-of-service placement under FMCSR rules.
The absence of enforcement volume does not mean carriers aren't meeting this requirement; it may reflect that violations are either rare, handled through different enforcement mechanisms, or caught during compliance audits rather than roadside inspections. Our enforcement data is drawn from roadside inspection records, which capture only a subset of all regulatory activity.
Who gets cited most
Because there have been zero citations for 382.405 in our database, we cannot identify states or carriers with enforcement patterns for this specific code. This is not a violation that appears in roadside inspection data at meaningful frequency.
How severe is this compared to similar codes
382.405 sits in the Controlled Substances/Alcohol category. Its peer violations are far more serious and much more commonly cited. For comparison:
- 392.4A-DOSP (Use of drugs) shows 3,947 citations with a 95.9% out-of-service rate.
- 392.4(a) (Use of drugs) shows 3,919 citations with a 96.9% out-of-service rate.
- 392.5A2-IP (Driver alcohol use while on duty or operating) shows 691 citations with a 99.0% out-of-service rate.
These peer codes represent actual driver conduct violations—using drugs or operating under the influence—whereas 382.405 is a carrier's failure to document and summarize testing records. The peer violations are immediately disqualifying and result in out-of-service orders nearly 96% to 99% of the time. 382.405, by contrast, is a compliance and recordkeeping issue with no out-of-service eligibility.
How to avoid it
If you have been cited for 382.405, the violation is your carrier's responsibility, not yours directly. However, understanding why it matters can help you engage with your fleet's compliance process:
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Know your carrier's testing program. Ask your safety manager or compliance officer what controlled substance and alcohol testing you're subject to—pre-employment, post-accident, random, or reasonable cause. Your carrier must track all results annually.
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Keep copies of your own test results. Request documentation of any DOT drug or alcohol test you take. This helps you verify accuracy and assists your carrier's record-keeping. If your company cannot produce your result when asked, it signals a recordkeeping gap.
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Report testing delays to your carrier. If you complete a test and the result doesn't appear in your carrier's system within a reasonable timeframe, flag it. Testing results that aren't captured within the same calendar year or within a few weeks can disrupt the annual summary.
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Comply with all testing requests. Refusing or failing to report for a required test creates a gap in your carrier's testing records and can prompt regulatory scrutiny. Show up when called.
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Ask your carrier how they prepare their annual summary. Good carriers consolidate all testing results in Q4 or early January and review them for completeness. If your carrier doesn't have a clear process, that's a red flag—encourage management to adopt one.
The underlying reason this rule exists is to ensure carriers can prove they are running an active, documented testing program. If you've been cited under 382.405, your carrier's legal and compliance team should review the citation and correct any gaps in their testing record system. For you as a driver, the best protection is staying clean, complying with all testing, and maintaining your own records.