What penalties apply for non-compliance?
DOT agencies can take enforcement action against employers, employees, and service agents who do not follow the drug and alcohol rules. For FMCSA-regulated employers this can include:
- Civil penalties for each violation (49 CFR 382.507; 49 U.S.C. 521(b)).
- A less-than-satisfactory safety rating after a compliance review, which can lead to an order to stop operating.
- Criminal penalties in some cases, such as knowingly falsifying records.
Drivers who violate the rules are removed from safety-sensitive functions and, since November 18, 2024, lose CDL privileges while in prohibited Clearinghouse status. Service agents can be barred from DOT work through a public interest exclusion.