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Agenda - Council - 12/12/2023
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Agenda - Council - 12/12/2023
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Last modified
3/13/2025 11:32:24 AM
Creation date
12/18/2023 11:38:57 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
12/12/2023
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• Post-Accident Testing. <br /> • As soon as practicable following an accident involving a commercial motor vehicle operating <br /> on a public road, the City will test each surviving driver for controlled substances and alcohol <br /> when the following occurs: <br /> • The accident involves a fatality or <br /> • The driver receives a citation for a moving traffic violation from the accident and an injury is <br /> treated away from the accident scene or <br /> • The driver receives a citation for a moving traffics violation from the accident and a vehicle <br /> is required to be towed from the accident scene. <br /> The following chart summarizes when DOTpost-accident testing needs to be conducted: <br /> Citation issued to Test must be <br /> Type of accident involved the DOT covered performed <br /> CDL driver? by the City <br /> YES YES <br /> i. Human fatality NO YES <br /> ii. Bodily injury with YES YES <br /> immediate NO NO <br /> medical treatment away from <br /> the scene <br /> iii. Disabling damage to any YES YES <br /> motor vehicle requiring tow NO NO <br /> away <br /> A driver subject to post-accident testing must remain readily available or the driver will be <br /> deemed to have refused to submit to testing. This requirement to remain ready for testing does <br /> not preclude a driver from leaving the scene of an accident for the period necessary to obtain <br /> assistance in responding to the accident or to obtain necessary medical care. <br /> Post—Accident Controlled Substance Testing <br /> Drivers are required to submit a urine sample for post-accident controlled substance testing as <br /> soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the <br /> City will cease its attempts to test the driver and prepare and maintain on file a record stating <br /> why the test was not promptly administered. <br /> Post- Accident Alcohol Testing <br /> Drivers are required to submit to post-accident alcohol testing as soon as possible. After an <br /> accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested <br /> within two (2) hours after the accident, the City will prepare and maintain on file a record stating <br /> why the test was not administered within that time. If eight hours have elapsed since the accident <br /> and the driver has not submitted to an alcohol test, the City will cease its attempts to test the <br /> driver and prepare and maintain on file a record stating why the test was not administered. <br /> The City may accept the results of a blood or breath test in place of an alcohol test and urine test <br /> for the use of controlled substances if: <br /> 1101Page <br />
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