[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]
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