Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 32 - National Defense |
Subtitle A - Department of Defense |
Chapter I - Office of the Secretary of Defense |
SubChapter C - Dod Grant and Agreement Regulations |
Part 62b - DRUNK AND DRUGGED DRIVING BY DoD PERSONNEL |
§ 62b.5 - Responsibilities.
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(a) The
Assistant Secretary of Defense (Health Affairs) (ASD(HA)) shall:(1) Develop a coordinated approach to the reduction of intoxicated driving, consistent with this part, recognizing that intoxicated driving prevention programs shall be designed to meet local needs.
(2) Appoint the chair of the DIDPTF.
(3) Monitor Military Service and DoD Component regulations that implement the DoD Intoxicated Driving Prevention Program.
(4) Act as focal point for the Department of Defense for interagency and nongovernmental coordination of national intoxicated driving prevention programs.
(5) Evaluate and report biennially to the Secretary of Defense on the effectiveness and efficiency of the DoD Intoxicated Driving Prevention Program.
(b) The
Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) (ASD(MRA&L)) shall:(1) Ensure the DoD Department Schools system and section VI schools include specific material in the curriculum (grades 7 through 12) on the effects that alcohol and drugs have on the impairment of driving skills.
(2) Ensure that intoxicated driving, accident, mishap, and injury data include:
(i) BAC of drivers in three categories—.01-.04, .05-.09, and .10 and above.
(ii) Time of day and day of the week the mishap or injury occurred.
(iii) Type of vehicle (include MOPEDs with motorcycle data).
(iv) Death and injury data on DoD personnel killed or injured as a result of intoxicated driving, include those who were not intoxicated themselves but were involved in a mishap as a result of intoxicated driving by another party.
(v) Government property damage cost.
(vi) Cost of treatment of injured DoD personnel.
(vii) Pertinent data on military personnel separated or retired as a result of injury or other action taken because of:
(A) Intoxicated driving by the person being separated or retired; or
(B) Intoxicated driving by another person.
(viii) Other chemical substances causing intoxicated driving that contributed to an accident.
(3) Provide an annual report to the Secretary of Defense that assesses the impact of intoxicated driving on the Department of Defense. The report shall include intoxicated driving arrest, apprehension, and conviction data as well as the number of exceptions granted to the mandatory suspension of driving privileges under paragraph (b)(6) of this section.
(4) Establish procedures (when feasible) under which DoD personnel convicted for driving while intoxicated will pay administrative restitution to the government for property damage or medical expenses to the extent permitted by applicable law.
(5) Amend appropriate DoD issuances to include the use of a preliminary or prearrest breath test (PBT) to be used by law enforcement personnel to indicate impairment when the arresting officer has reason to believe the operator of a motor vehicle may be intoxicated. (See “Report on a National Study of Preliminary Breath Test (PBT) and Illegal Per Se Laws”).
(c) The
Head of each DoD Component or its Supporting Agency shall establishand operate intoxicated driving prevention programs prescribed by this part.