Does a DOT Random Testing Program Expire? What Owner-Operators and Small Fleets Should Check

This article is for the owner or designated employer representative (DER) of a small fleet, and for owner-operators. The question usually comes up when a consortium sends a renewal invoice, a certificate shows a date, or a customer asks for proof you're enrolled.

The rule doesn't expire

49 CFR 382.305(a) says: "Every employer shall comply with the requirements of this section." The section has no end date and no renewal requirement.

What resets is the rate. The minimum percentages are annual rates, measured against the average number of driver positions (382.305(b)). If FMCSA changes a rate, it publishes the new rate in the Federal Register, and it applies starting January 1 of the next calendar year (382.305(c) and (f)). For 2026, the rates are 50% of drivers for drugs and 10% for alcohol.

What can lapse

• Your consortium agreement. Many renew every year. Some end when an invoice goes unpaid. Read yours for the term and the notice period.
• The date on your enrollment certificate. Part 382 doesn't define an enrollment certificate; it's your provider's document. Ask your provider what the date on it means. On a TrueTest certificate, it's the date you enrolled. The certificate doesn't expire, and your program continues as the agreement renews each year.
• Your driver list. All covered drivers must be in the random pool, and only covered drivers (382.305(j)(1)). A driver you hired in March and never sent to your consortium isn't in the pool.
• Your Clearinghouse designation. An owner-operator must have a C/TPA designated (382.705(b)(6)). If your old provider was removed, or you never designated the new one, nobody is behind the reporting.
• Your account. If your provider stops selecting when an account is past due, your program has stopped even though the rule hasn't.

What to check this year

1. Get it in writing that you're enrolled, and which drivers are in the pool today.
2. Compare that list to your actual drivers. Add anyone missing. Remove anyone who no longer does safety-sensitive work. See when to remove a driver.
3. Ask for this year's selection numbers. You may use a C/TPA to run selections, but you must make sure it is testing at the right percentage for your industry (382.305(j)(2)).
4. Check the selections were spread through the year (382.305(k)(2)), and that every selected driver was tested during the selection period (382.305(i)(3)).
5. Check the Clearinghouse. Confirm who is designated as your C/TPA, and that your annual query is done for every covered driver (382.701(b)).
6. Check your records. Documents relating to the random selection process are collection-process records (382.401(c)(1)(ii)), kept at least two years (382.401(b)(2)). Each annual calendar year summary is kept at least five years (382.401(b)(1)(vii)).

If your program lapsed

Don't wait for the next renewal notice. Enroll again and get your drivers into a pool before the next selection. Don't backdate anything to cover the gap; an auditor reads dates.

Ask whether any driver needs a new pre-employment test. The rule lets an employer skip a new driver's pre-employment test only if the driver was in a qualifying program within the previous 30 days and meets the other conditions in 382.301(b). Treat a lapse the same way. A driver who has been out of a testing program for more than 30 days takes a new pre-employment test before driving again. A driver back within 30 days can skip it only if you have that program's paperwork on file for an audit (382.301(c)(1)).

Switching is not a lapse

Moving to a new consortium mid-year doesn't break your program if the two dates line up. Get your exit date from your current provider in writing, and your drivers go into the new pool for the next quarterly selection. Bring this year's selection records so the new provider can finish the year at the required rate. What to ask your current TPA for.

What TrueTest does

For companies in our DOT consortium, TrueTest:

• Renews automatically. Our agreement runs one year and renews unless either side gives 30 days' written notice.
• Charges no annual fee, so there's nothing to pay just to stay enrolled. You pay $65 per DOT test, only when a driver tests. What a year costs.
• Runs selections every quarter and keeps the selection records, test orders and results.
• Serves as an owner-operator's designated C/TPA in the Clearinghouse.

Questions owners ask

Does a DOT random testing program expire?

No. The requirement in 49 CFR 382.305 has no end date. It applies every year you have CDL drivers. What can lapse is your enrollment with a consortium, your Clearinghouse designation, or your records.

Do I have to re-enroll in a consortium every year?

Not under federal rules. It depends on your agreement with your provider. TrueTest's agreement renews automatically each year unless either side gives 30 days' written notice.

Does the random testing rate reset every year?

The rates are annual minimums. If FMCSA changes one, it publishes the new rate in the Federal Register, and the rate applies starting January 1 of the next calendar year. For 2026, the rates are 50% for drugs and 10% for alcohol.

What if I had no drivers for part of the year?

The rate is based on the average. Add the number of covered drivers eligible in each random testing period and divide by the number of periods (49 CFR 382.305(j)(1)).

Can I switch consortiums in the middle of the year?

Yes. Get your exit date in writing so the two pools line up, and bring this year's selection records to your new provider. TrueTest charges no enrollment fee to switch.