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Post-Accident Drug & Alcohol Testing

Scenario: A driver rear ended another vehicle and received a citation for following too close. The adverse vehicle sustained disabling damage and was towed from the scene. The non-CDL driver was operating a property carrying straight truck with a gross vehicle weight rating of 18,000 pounds.

What would you do?

A. Conduct a DOT post-accident drug and alcohol test on the driver since he received a citation and the adverse vehicle was towed.

B. Conduct a non-DOT drug test since the vehicle did not require a CDL driver.

C. Do not conduct any post-accident drug and alcohol tests on the driver.

D. Conduct a DOT post-accident alcohol test only since the vehicle did not require a CDL.

Click below to see answer.

Post-Accident Drug & Alcohol Testing - Answer

Discussion: DOT federal post-accident drug testing of your driver is required in the following situations:

  • When there are one or more human fatalities
  • At least one individual requires medical attention away from the scene
  • The driver receives a citation for a moving violation
  • When at least one vehicle incurs disabling damage and cannot be driven from the scene and
  • receives a citation for a moving violation

The correct answers are in bold.

A. A DOT post-accident drug and alcohol test should only be conducted on a driver that is operating a vehicle that requires a CDL. Since the vehicle did not exceed the 26,001 threshold for requiring a CDL, the driver should not be given a DOT post-accident drug and alcohol test.

B. The company can electively choose to conduct a drug and alcohol test on the driver; however, it should not be a DOT post drug and alcohol test.

C. A post-accident drug and alcohol test is not required because the vehicle does not require a CDL driver to operate.

D. A DOT post-accident drug and alcohol test is not required.

The FMCSA's drug/alcohol testing regulations, in general, apply only to drivers that operate vehicles requiring a commercial driver's license (CDL). Generally speaking, these include trucks or truck/trailer combinations that weigh more than 26,000 lbs., vehicles of any size that transport placardable quantities of hazardous materials, and vehicles designed or used to transport 16 or more passengers (including the driver).