FMCSA Violation Code

382.303A — Failing to conduct post-accident drug/alcohol test

49 CFR 382 • Controlled Substances & Alcohol BASIC • Severity 10/10

Driver citation CSA weight 10

OOS-eligible

Code

382.303A

CFR section

49 CFR 382

BASIC

Controlled Substances & Alcohol

Severity

10/10

Out-of-Service

Unit type

Driver

What this violation means

After a 'qualifying accident' (fatality, citation issued + injury requiring medical attention, citation issued + disabling damage requiring tow), the driver MUST be tested. Alcohol within 8 hours, controlled substances within 32 hours. Failure to test is 10 SMS points and a near-automatic FMCSA compliance review trigger.

Why this gets cited

Carrier didn't know the test was required. Driver refused or left the scene before testing could be arranged. Hospital didn't have DOT-qualified collection on-site.

How to fix / prevent

Post-accident procedure card in every truck: 'If you're in an accident, call dispatch first. We will arrange testing.' List of 24-hour DOT collection sites in your operating region. Document testing-not-feasible with detailed log per 382.303(d).

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 382.303A on the inspection report (form MCS-63), but the truck/driver can usually continue after the inspection ends. It still counts against the carrier in CSA scoring (severity 10/10 weight, time-weighted over 24 months) and shows on the driver's PSP record. A pattern of these non-OOS violations across multiple inspections is what triggers FMCSA intervention — a single citation rarely does.

CSA / SMS impact

382.303A carries a severity weight of 10/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (3× for citations within the last 6 months, decaying over 24 months), this violation can move your Controlled Substances & Alcohol BASIC percentile significantly if it stacks with similar citations across your fleet. The threshold for FMCSA intervention is the 65th percentile for most BASICs (50th for Hazmat and Passenger Carrier). Once you cross that, FMCSA can send a Warning Letter, Off-Site Investigation, or full Compliance Review.

How to read this: a single citation rarely puts you over threshold — it's the pattern. Track your inspection rate per power unit and aim for OOS rate under 5% (industry average is 21%).

Other violations in Controlled Substances & Alcohol

382.213OOS

Controlled substance use within 4 hours of duty

382.215OOS

Refusal to submit to controlled substance test

382.305Sev 10

Carrier failed to implement random controlled substances testing program

392.4OOS

Possession of drug paraphernalia or controlled substance

392.4AOOS

Driver on duty with controlled substance

392.5AOOS

Possession of alcohol in CMV

382.301Sev 5

Pre-employment drug test not conducted

382.307Sev 5

Reasonable suspicion drug test not conducted

Frequently Asked Questions

Can I be placed out of service for 382.303A?

No — 382.303A is not on the standard OOS criteria for most inspectors. You'll be cited on the inspection report (MCS-63), the violation will hit your CSA scores, and the driver's PSP record, but you can usually continue the trip after the inspection wraps. Caveat: an inspector has discretion to escalate to OOS if they observe a separate, more serious condition during the same inspection. If they find 382.303A plus a brake violation, they're putting you OOS for the brake issue, not this one.

How long does 382.303A affect my CSA score?

382.303A stays in your CSA Controlled Substances & Alcohol BASIC for 24 months from the inspection date. The impact is time-weighted: 3× points during months 0-6, 2× during months 7-12, 1× during months 13-24, then it drops off. Severity weight is 10/10, so each citation contributes 30 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for 36 months — and a 5-year history of driver violations is available to motor carriers performing a hire review. If the citation is later dismissed in court (DataQs challenge succeeds, or the underlying ticket is dropped), the SMS record can be removed via FMCSA's DataQs portal — but you have to actively file the challenge.

What's the difference between 382.303A and similar codes?

382.303A is in the 8-code group sharing the same BASIC. The closest siblings are: 382.213 (Controlled substance use within 4 hours of duty); 382.215 (Refusal to submit to controlled substance test); 382.305 (Carrier failed to implement random controlled substances testing program). Inspectors often cite multiple sibling codes from the same inspection — for example, a tire condition violation can simultaneously trigger codes for tread depth, sidewall, and inflation pressure. When you get cited under one sibling, check the report for the others before signing — they all count separately against CSA scoring.

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382.303A — Failing to conduct post-accident drug/alcohol test

What this violation means

Related

Frequently Asked Questions

CSA scores rising? Get a compliance audit.

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