4.130.100 Post-accident testing.
A. Post-Accident Testing – Alcohol. As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, the city shall test for alcohol for each surviving driver:
1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
2. Who receives a citation within eight hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved:
a. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
b. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
B. Post-Accident Testing – Controlled Substances. As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, the city shall test for controlled substances for each of its surviving drivers:
1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
2. Who receives a citation within 32 hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved:
a. Bodily injury to any person who, as a result of the injury immediately receives medical treatment away from the scene of the accident; or
b. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
C. The following table notes when a post-accident test is required to be conducted by subsections (A) and (B) of this section:
|
Type of Accident Involved |
Citation Issued to the CMV Driver |
Test Must Be Performed by Employer |
|---|---|---|
|
Human fatality |
YES |
YES |
|
NO |
YES |
|
|
Bodily injury with immediate medical treatment away from the scene |
YES |
YES |
|
NO |
NO |
|
|
Disabling damage to any motor vehicle requiring tow away |
YES |
YES |
|
NO |
NO |
D. Tests Not Administered – Alcohol.
1. If an alcohol test is not administered within two hours following the accident, the city shall prepare and maintain on file a record stating the reasons the test was not promptly administered.
2. If an alcohol test is not administered within eight hours following the accident, the city shall cease attempts to administer an alcohol test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered.
3. Records shall be submitted to FMCSA upon request.
E. Tests Not Administered – Controlled Substance.
1. If a controlled substance test is not administered within 32 hours following the accident, the city shall cease attempts to administer a controlled substance test and prepare and maintain on file a record stating the reasons the test was not promptly administered.
2. Records shall be submitted to the FMCSA upon request.
F. A driver who is subject to post-accident testing shall remain readily available for such testing, or may be deemed by the city to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
G. The city shall provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section.
1. The results of a breath or blood test for the use of alcohol, conducted by federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable federal, state or local alcohol testing requirements, and that the results of the tests are obtained by the city.
2. The results of a urine test for the use of controlled substances, conducted by federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable federal, state or local controlled substances testing requirements, and that the results of the tests are obtained by the city.
H. Exception. This section does not apply to an occurrence:
1. Involving only boarding or alighting from a stationary motor vehicle; or
2. Involving only the loading or unloading of cargo; or
3. In the course of the operation of a passenger car or a multipurpose passenger vehicle by the city unless the motor vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked. (Ord. 12-001 § 3, 2013)