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23-16-505. Driver testing.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-16-505. Driver testing.

23-16-505. Driver testing. (a)(1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382, as in effect on January 1, 2009. (2) A driver is qualified to drive for a contract carrier if: (A) The alcohol test result under subdivision (a)(1) of this section indicates an alcohol concentration of zero (0); and (B) The controlled substances test result from the medical review officer as defined under 49 C.F.R. § 40.3, as in effect on January 1, 2009, indicates a verified negative test result. (3) A driver is disqualified from driving for a contract carrier if: (A) The alcohol test result and the controlled substances test result are not in compliance with subdivision (a)(2) of this section; (B) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or (C) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed. (b)(1) As soon as practicable after an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances if: (A) The accident involved the loss of human life; or (B) The driver received a citation for a moving traffic violation arising from the accident and the accident involved: (i) Bodily injury to a person who immediately received medical treatment after the accident; or (ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident. (2)

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-16-505

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:23-16-505
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7eea3ce67e7d4adb8607b83807472cc982dd890a8e000f226eaed4358a366331

Source location: content.xml paragraph 11340

Stored source content

23-16-505. Driver testing. (a)(1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382, as in effect on January 1, 2009. (2) A driver is qualified to drive for a contract carrier if: (A) The alcohol test result under subdivision (a)(1) of this section indicates an alcohol concentration of zero (0); and (B) The controlled substances test result from the medical review officer as defined under 49 C.F.R. § 40.3, as in effect on January 1, 2009, indicates a verified negative test result. (3) A driver is disqualified from driving for a contract carrier if: (A) The alcohol test result and the controlled substances test result are not in compliance with subdivision (a)(2) of this section; (B) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or (C) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed. (b)(1) As soon as practicable after an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances if: (A) The accident involved the loss of human life; or (B) The driver received a citation for a moving traffic violation arising from the accident and the accident involved: (i) Bodily injury to a person who immediately received medical treatment after the accident; or (ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident. (2) If alcohol testing and controlled substances testing cannot be completed as soon as possible but no later than thirty-two (32) hours after the accident, the records shall be submitted to the Arkansas Highway Police Division of the Arkansas Department of Transportation. (c)(1) A common carrier or the employer of a driver of a common carrier shall maintain records of the alcohol testing and controlled substances testing of drivers for five (5) years. (2) The records shall be maintained in a secure location.

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