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 25% for DOT random controlled substance testing and 10% for DOT random alcohol testing. Please see 49 CFR § 382.305(b)(1)(2).
Last Updated : March 31, 2016