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The Federal Motor Carrier Safety Administration’s (FMCSA) post-accident testing requirements follow specific criteria, including the circumstances under which testing is required, the time frame under which the test(s) must be conducted, and the circumstances in which a law enforcement officer’s test result may be used.
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.
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:
Type of accident | Citation issued to CMV driver within eight hours of the accident | Test must be performed |
---|---|---|
Fatality | N/A | Yes |
Bodily injury with immediate medical treatment away from the scene | Yes | Yes |
No | No | |
Disabling damage to any motor vehicle requiring tow away | Yes | Yes |
No | No |
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:
Type of accident | Citation issued to CMV driver within 32 hours of the accident | Test must be performed |
---|---|---|
Fatality | N/A | Yes |
Bodily injury with immediate medical treatment away from the scene | Yes | Yes |
No | No | |
Disabling damage to any motor vehicle requiring tow away | Yes | Yes |
No | No |
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.