post accident drug testing

Nope..... the driver isn't subject to the same rules and regs as a CDL holder. He could be subject to a breathalyser. If the officer working the scene suspected alcohol was involved.

However, his company may require one. To avoid possible litigation.

 

No.....the driver was not subject to the federal DOT rules, however there may have been a state statute or company mandate that required this, or an alcohol test.


Even if he/she were subject to the rules the requirements were not met unless the driver received a citation as the result of the incident. The criteria is found at 49 CFR part 382.303. Simplistically the rules require testing in the case of:

1. A death
2. The CDL driver received a citation, AND,
a. a vehicle was towed, or,
b. there was an injury that required someone being taken immediately from the scene for medical treatment.


From the old retired federal DOT official

 

You're comparing apples to oranges.

A school bus driver or a carrier of hazmat would be considered safety sensitive. And have an endorsement on their license. They are required to take additional testing.

Where as Larry the cable guy. Has a plain old drivers license, that anyone can get.

Don't confuse a "commercial" designation of a vehicle. With a person who has a Commercial Drivers License.

In many states, a pick up truck has only 2 designations. Farm or commercial, there is no personal use designation. It states it's purpose clearly on the tag. That doesn't mean the driver of that pick up truck is held to the same standards, as a truck/trailer combo driver or a school bus driver.

However, if you wait long enough. And you want it bad enough. The DOT will come crawl up your ### on a regular basis. And based on the path our country is following, you won't have to wait too long.

 

Drivers are subject to FMCSA regulation in commercial vehicles over 10,000 lbs. GVWR or any vehicle carrying an amount of hazmat requiring placarding . I worked for a company that regularly used 1 ton crewcab pickups . They made sure anyone pulling a trailer with one of these trucks had a medical card .

 

If the vehicle was less than 10,000# who cares? If the driver met the definition of a safety sensitive function then the 382.303 rule would be applicable.

No death: no test
No ticket: no test
Ticket & no tow: no test
Ticket & no injury: no test

Death: test
Ticket & tow: test
Ticket & injury: test

Just like I said above or if there were a state or company mandate.