Q3. Random Testing Selection Period:

A driver was selected in the first quarter but tested on April 4. Did the motor carrier violate the rule by not testing the driver within the selection period, which runs from January 1 to March 31? Also, does the test count toward the first quarter or second quarter?

A3. Yes, the motor carrier violated the rule. The driver was not tested during the selection period, as required by 49 CFR 382.305(i)(3). However, the test still counts toward meeting the minimum random testing requirements. These requirements are 25% for DOT random controlled substance testing and 10% for DOT random alcohol testing. See 49 CFR 382.305(b)(1)(2).