Clearinghouse issues from 3 years back
Discussion in 'Experienced Truckers' Advice' started by Kaos2point0, Mar 3, 2025.
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AND the driver was cited [ticketed]...
Fatality = always
injury requiring treatment away from the scene -or- vehicle towed needs the driver to be cited [presumed at fault?] to be tested. -
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Had one incident where I was rear-ended had to stop to yield to traffic at a bad area of road woman plows in back with her brand new car only 2 days she owned it before this. Glad she was okay. The car was towed no drug test, which in my experience in the past always had a drug test. All other companies, when something like that happened, granted I have never hit someone found at fault because I don't drive bad or in a rush even when late for something because what does rushing win ? a prize you likely don't want if caught. Anyways, I was under the assumption myself if you have an accident fault or not you're required to get tested? anyone know?
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Retired after 45 years in operations and safety and involved in drug and alcohol testing since the early 90's and DER for multiple companies.
Look at CFR 49 Part 382.303 POST-ACCIDENT TESTING.
Specifically 382.303 (a) (1) and (2), (i) and (ii)
Injury requires more than 'on-scene' first aid; they must be transported away for treatment.
Also regarding towing, the damage must require towing; the example we used to use in the days of sealed beam headlights was needing to replace the headlamps and 'electing' to tow it away and make repairs elsewhere.
Doesn't fly in today's world of $1500.00 LED headlamps but you get the point.
Remember the company may decide to test on it's own exceeding Federal Regulations.Last edited: Jun 2, 2025
brian991219 Thanks this. -
I believe the FMCSA is redefining treatment to exclude x-ray for broken bones.
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S l o w l y the dinosaur goes modern....
Having a resent copy of the desk version w/ the DOT guidance helps...trying not to be a dinosaur
Caution: with the officer having a few hours to file a citation they have time to find a broken bone and trip post accident testing after everyone had moved on for the day
This could get ugly if not handled.Bean Jr. Thanks this.
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