Laserfiche WebLink
Post-Accident Testing <br /> <br />a) <br /> <br />b) <br /> <br />c) <br /> <br />d) <br /> <br />e) <br /> <br />Drivers Tested. As soon as practicable following an accident involving a <br />commercial motor vehicle, the City shall test for alcohol and controlled substances <br />of each surviving driver: <br />1) Who was performing safety-sensitive functions with respect to the vehicle, <br /> if the accident involved the loss of human life; or <br />2) Who receives a citation under state or local law for a moving traffic violation <br /> arising from the accident, provided the accident meets the definition of <br /> 'accident" described in this policy; or <br />3) The City may also test under the City of Brooklyn Park's Drug and Alcohol <br /> Testing Policy. <br />Alcohol Tests. If a test required by this section is not administered within two <br />hours following the accident, the City shall prepare and maintain on file a record <br />stating the reasons the test was not promptly administered, if a test required by <br />this section is not administered within eight hours following the accident, the City <br />shall cease attempts to administer an alcohol test and shall prepare and maintain <br />the same record. Records shall be submitted to the FHWA upon request of the <br />Associate Administrator. <br />Controlled Substance Tests. if a test required by this section is not administered <br />within 32 hours following the accident,the City shall cease attempts to administer <br />a controlled substances test, and prepare and maintain on file a record stating the <br />reasons the test was not promptly administered. Records shall be submitted to the <br />FHWA upon request of the Associate Administrator. <br />Readily Available. A driver who is subject to post-accident testing shall remain <br />readily available for such testing or may be deemed by the City to have refused <br />to submit to testing. Nothing in this section shall be construed to require the delay <br />of necessary medical attention, for injured people following an accident or to <br />prohibit a driver from leaving the scene of an accident for the period necessary to <br />obtain assistance in responding to the accident, or to obtain necessary emergency <br />medical care. <br />Post-Accident Information. The City shall provide drivers with necessary post- <br />accident information, procedures and instructions, prior to the driver operating a <br />commercial motor vehicle, so that drivers will be able to comply with the <br />requirements of this section. <br />Results of Test. The results of a breath or blood test for the use of alcohol or a <br />urine test for the use of controlled substances, conducted by federal,' state or local <br />officials having independent authority for the test, shall be considered to meet the <br />requirements of this section provided such tests conform to applicable federal, <br />state, or local requirements, and that the results of the test are obtained by the <br />City. <br /> <br /> ! <br /> ! <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />! <br />I <br />!],! <br /> <br />i <br />I <br />I <br /> <br /> <br />