Owner/Operator involved in an accident.

What tests are required and when does testing occur?
What CDL Drivers Need to Know
DOT drug and alcohol tests include:

• Pre-employment – An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. (§382.301).
• Post-accident – Drug and alcohol tests may be required after crashes according to the following chart (§382.303):

Type of Accident Involved Citation Issued to the CMV Driver Test Must Be Performed by Employer
Human Fatality Yes Yes
Human Fatality No Yes
Bodily Injury With Immediate Medical Treatment Away From the Scene Yes Yes
Bodily Injury With Immediate Medical Treatment Away From the Scene No No
Disabling Damage to Any Motor Vehicle Requiring Tow Away Yes Yes
Disabling Damage to Any Motor Vehicle Requiring Tow Away No No

• Random – CDL drivers must be randomly tested throughout the year (§382.305); an employer who employs only himself/herself as a driver, who is not leased to a motor carrier, shall implement a random testing program of two or more covered employees in the random testing selection pool as a member of a consortium (see §382.305 interpretation 11)
• Reasonable suspicion – Drivers who appear to be under the influence of drugs or alcohol can be immediately tested (§382.307). Employers must train CDL driver supervisors to detect the symptoms of driver impairment (§382.603).
• Return-to-duty – Required for drivers who tested positive, refused, or otherwise violated the prohibitions of 49 CFR Part 382 Subpart B; and who have completed the return-to-duty process with a DOT-qualified substance abuse professional. This test is directly observed, and a negative result is required before resuming driving duties (§382.309 and §40.305).
• Follow-up – Required for drivers who tested positive, refused, or otherwise violated the prohibitions of 49 CFR Part 382 Subpart B; and who have completed the return-to-duty process with a DOT-qualified substance abuse professional, and have tested negative for a return-to-duty test. This testing is prescribed by the substance abuse professional for a minimum of 6directly observed tests in 12 months, but can be extended an additional four years (§382.311 and §40.307).

 

If you have and are operating under your own authority (DOT and MC Numbers) and are not operating under another carriers operating authority - then you are a carrier. You do not have to report it to anyone (other than your insurance company). I

 

You need to keep an accident register for three years 390.51 Fatality, injury, tow and you must D/A test.

 

NO you dont call consortium or any of that nonsense. Why would you do that if it was your fault anyhow.
Last year some old bag ran into the side of my truck. Didnt do much damage to my truck. Lost a couple acorns on my steer tire and ruined my bumper. She was declared at fault. Then 8 months later someone gave the 85 year old the bright idea to sue me and my insurance becuase it was a commercial vehicle. Sue for medical when there was no injuries or ambulance and the impact occured at 10 mph sideswipe. Her insurance was calling to try and get info and i declined to talk to them and referred them to my agent. I called my agent and agent said "DO not speak with them". They even said, they are just trying to get paid and dont worry, our lawyers were handle it. Case closed. Moral of the story, if you get into an accident, call your insurance agent and let that be the end.

 

The only contact you need to make is to report the claim to your insurance and to request a post-accident drug and alcohol test from your consortium.

Now, since the allowable time frame has passed for testing, you are to stop trying to collect the test and make a note in your drug testing file as to why the test couldn't be completed on time. That reason would be the unavailability of a nearby clinic and transportation to get you there within the allotted time. Be prepared if you are audited to defend that position, FMCSA doesn't care if it is expensive or inconvenient, they just want the tests completed. Example, they would have wanted you to leave the truck unattended and take the test using a taxi or other public transit means rather than sitting with the truck at the truck stop or roadside.

Lastly, you need to create an accident register file with all the details of this crash, including police reports and repair records, claims, etc. This file is retained for theee years and becomes part of your files that an auditor may want to inspect.