[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
[Notices]
[Pages 4173-4174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1841]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-98-4839]
Transportation Equity Act for the 21st Century; Federal Highway
Post-Accident Alcohol Testing Study
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice; request for comments.
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SUMMARY: This notice invites public comments on issues relating to the
legislative requirement to conduct a study and report to the Congress
on the feasibility of utilizing law enforcement officers for conducting
post-accident alcohol testing of commercial motor vehicle operators
provided in section 4020 of the Transportation Equity Act for the 21st
Century (TEA-21), Pub. L. 105-178, 112 Stat.107, 414. The FHWA is
initiating the study and would like all comments to address the
following issues:
(1) The impact of current post-accident alcohol testing
requirements on commercial motor carrier employers, including any
burden that they may encounter in attempting to perform an alcohol
test within two hours of an accident; and
(2) The feasibility of utilizing law-enforcement officers for
conducting post-accident alcohol testing of commercial motor vehicle
operators as a method of obtaining more timely information.
DATES: This docket will remain open until the study is completed.
However, in order for comments responding to issues raised by this
notice to be considered during critical early stages of the study, they
should be submitted no later than March 29, 1999.
ADDRESSES: Signed, written comments should refer to the docket number
that appears at the top of this document and must be submitted to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. All comments received will be available for
examination at the above address between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Dr. Alfred E. Barrington, DTS-34,
Safety and Environmental Technology Division, (617) 494-2018, Volpe
National Transportation Systems Center, 55 Broadway, Cambridge, MA
02142; or Mr. Michael Falk, Office of the Chief Counsel, (HCC-20),
(202) 366-1384, Department of Transportation, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590. Office
hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at:
http://www.access.gpo.gov/nara.
Background
Section 4020 of TEA-21, Post-Accident Alcohol Testing, requires:
(a) STUDY. --The Secretary [of Transportation] shall conduct a
study of the feasibility of utilizing law enforcement officers for
conducting post-accident alcohol testing of commercial motor vehicle
operators under section 31306 of title 49, United States Code, as a
method of obtaining more timely information. The study shall also
assess the impact of the current post-accident alcohol testing
requirements on motor carrier employers, including any burden that
employers may encounter in meeting the testing requirements of such
section 31306.
(b) REPORT. --Not later than 18 months after the date of enactment
of this Act, the Secretary shall transmit to Congress a report on the
study, together with such recommendation as the Secretary determines
appropriate.
Under 49 CFR 382.303, commercial motor vehicle operators must be
tested for alcohol and controlled substances as soon as practicable
following an accident if:
(1) The accident involved the loss of human life, regardless of
whether the operator was issued a citation for a moving traffic
violation; or
(2) The operator was issued a citation under State or local law for
a moving traffic violation arising from the accident and the accident
involved:
(a) Bodily injury requiring medical treatment away from the
accident scene; or
(b) Disabling damage to any motor vehicle requiring its removal
from the accident scene by tow truck or other motor vehicle.
If the required post-accident alcohol test is not administered
within two hours following the accident, the commercial motor carrier
employer must prepare and maintain on file a record stating the reason
the test was not promptly administered. If the test is not administered
within eight hours following the accident, the employer must cease
attempting to administer the test and shall prepare and maintain an
appropriate record.
Comments and suggestions are invited concerning any aspects as to
the feasibility of the post-accident alcohol test by police and the
burden imposed on commercial motor carriers by the existing
requirements. Of concern are operational, legal and financial factors,
as well as equipment, human resources and training. Comments are
requested specifically on the following questions that arise from the
above requirements.
1. Are law-enforcement agencies and commercial motor carrier
employers aware of the Federal regulation that requires motor carrier
employers to test drivers for alcohol ``as soon as practicable'' if
involved in an accident?
2. Do law-enforcement agencies/commercial motor carrier employers
believe that this test is feasible?
3. Are commercial motor vehicle operators aware that they are
required under certain circumstances to be tested for alcohol after
being involved in an accident?
4. Are commercial motor carrier employers equipped to test a
commercial motor vehicle operator for alcohol within two hours after an
accident?
5. Are police equipped to test a commercial motor vehicle operator
for alcohol within two hours of an accident?
[[Page 4174]]
6. If so equipped, can police be required to test a commercial
motor vehicle operator for alcohol after an accident as an additional
duty, regardless as to whether he or she was issued a citation?
Authority: 23 U.S.C. 315; 49 U.S.C. 31306; sec. 4020, Pub. L.
105-178, 112 Stat. 107, 414; and 49 CFR 1.48.
Issued on: January 21, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-1841 Filed 1-26-99; 8:45 am]
BILLING CODE 4910-22-P
