Post-accident alcohol and drug testing

Scope

This regulation applies to all people who operate a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce and the motor carriers of these drivers.

Regulatory citations

• 49 CFR 382.303 — Post-accident testing

Key definitions

• Accident: An occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:
  • A fatality;
  • Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
  • One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle.
• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.
• Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
  • Combination Vehicle (Group A) — Having a gross combination weight rating (GCWR) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater. The towed unit(s) must have a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of more than 10,000 pounds, whichever is greater; or
  • Heavy Straight Vehicle (Group B) — Having a GVWR or GVW of 26,001 pounds or more, whichever is greater; or
  • Small Vehicle (Group C) — Does not meet Group A or B requirements but is either:
    • Designed to transport 16 or more passengers, including the driver; or
    • Of any size and is used in the transportation of hazardous materials as defined in 383.5.

Summary of requirements

As soon as possible, following an accident involving a CMV, each motor carrier must test each surviving driver for alcohol and drugs when any person involved in the accident dies.

Alcohol testing. Alcohol testing is also required as follows:

If a driver has not submitted to a test within two hours of the accident, the motor carrier must prepare and maintain on file a record stating the reason a test was not promptly administered.

If the driver has not submitted to an alcohol test within eight hours of the accident, the motor carrier must stop all attempts to administer the test and prepare and maintain on file a record stating the reason a test was not promptly administered.

 Drug testing. Drug testing is also required as follows:

If the driver has not submitted to a drug test within 32 hours of the accident, the motor carrier must stop all attempts to administer the test and prepare and maintain the record on file a record stating the reason a test was not promptly administered.

Note — Nothing in the regulations should be construed as to require the delay of necessary medical attention for injured people following the accident. Also, the driver is not prohibited from leaving the scene of an accident for a period necessary to obtain assistance in responding to the accident, or to obtain emergency medical care.

Motor carriers must provide the necessary information, procedures, and instructions to their drivers to allow them to be tested after the accident, or to obtain emergency medical care.

A driver who is subject to post-accident testing must remain available, or the motor carrier may consider the driver to have refused to submit to testing. A refusal to test is treated in the same manner as testing positive for drugs or failing an alcohol test.

The driver subject to post-accident testing must refrain from consuming alcohol for eight hours following the accident, or until the driver submits to an alcohol test, whichever occurs first.

In lieu of administering a post-accident test, a motor carrier may substitute a test administered by law enforcement or public safety officials under separate authority.