[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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