Following a commercial motor vehicle collision that results in bodily injury requiring immediate medical treatment away from the scene, federal safety regulations require the commercial driver to undergo post-accident alcohol and controlled substances testing regardless of whether law enforcement issues a moving traffic violation citation.
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False. Under federal regulations, mandatory post-accident testing for non-fatal injury collisions requires the issuance of a moving violation citation to the commercial driver.
Under Federal Motor Carrier Safety Administration (FMCSA) regulations (49 CFR § 382.303), post-accident alcohol and controlled substance testing is only required automatically (without a citation) when a collision results in a fatality. In non-fatal crashes involving bodily injury requiring medical treatment away from the scene or disabling vehicle damage requiring a tow, testing is mandatory only if the commercial driver receives a moving traffic violation citation within the testing window.
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FMCSA Post-Accident Testing Thresholds and Citation Requirements
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