Driver testing

  1. Law
  2. Arkansas Code
  3. Public Utilities and Regulated Industries
  4. Public Utilities And Carriers
  5. Miscellaneous Provisions Relating To Carriers
  6. Safe Transportation of Railroad Employees by Contract Carriers Act
  7. Driver testing

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  1. (a)

    1. (1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382, as in effect on January 1, 2009.

    2. (2) A driver is qualified to drive for a contract carrier if:

      1. (A) The alcohol test result under subdivision (a)(1) of this section indicates an alcohol concentration of zero (0); and

      2. (B) The controlled substances test result from the medical review officer as defined under 49 C.F.R. § 40.3, as in effect on January 1, 2009, indicates a verified negative test result.

    3. (3) A driver is disqualified from driving for a contract carrier if:

      1. (A) The alcohol test result and the controlled substances test result are not in compliance with subdivision (a)(2) of this section;

      2. (B) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or

      3. (C) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed.

  2. (b)

    1. (1) As soon as practicable after an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances if:

      1. (A) The accident involved the loss of human life; or

      2. (B) The driver received a citation for a moving traffic violation arising from the accident and the accident involved:

        1. (i) Bodily injury to a person who immediately received medical treatment after the accident; or

        2. (ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident.

    2. (2) If alcohol testing and controlled substances testing cannot be completed as soon as possible but no later than thirty-two (32) hours after the accident, the records shall be submitted to the Arkansas Highway Police Division of the Arkansas Department of Transportation.

  3. (c)

    1. (1) A common carrier or the employer of a driver of a common carrier shall maintain records of the alcohol testing and controlled substances testing of drivers for five (5) years.

    2. (2) The records shall be maintained in a secure location.


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