Q. A driver that was selected in the first quarter but was tested on April 4. Is the motor carrier in violation for not testing the driver in the selection period they were selected, since the first quarter selection runs from January 1 to March 31? Also, does this random test count towards the first quarter or second quarter?

A. Yes, the motor carrier is in violation because the driver was not tested in the selection period he/she was selected, as is required by 49 CFR 382.305(i)(3).  However, the test will count towards the motor carrier meeting their minimum random testing requirements of 50% for DOT random controlled substance testing and 10% for DOT random alcohol testing. Please see 49 CFR 382.305(b)(1)(2).

Random and Follow-up tests MUST be unannounced. This means that once a driver has been notified of the test, he or she must proceed to the collection site immediately as required in §382.305(l). If the driver is performing a safety-sensitive function, he or she must cease, and proceed to the facility as soon as possible.