RS 32:1524.1

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RS 32:1524.1

§1524.1. Contract carriers transporting railroad employees; transport vehicle driver disqualification

A. A driver shall be disqualified from employment as a transport vehicle driver if the driver has committed two or more traffic violations within a three-year period, resulting in the suspension or revocation of the driver's license or privilege to operate a motor vehicle by the Department of Public Safety and Corrections, office of motor vehicles, or other administrative agency for conviction of any of the following:

(1)Any intoxication-related offense.

(2)Any commercial motor vehicle violation.

(3)Driving fifteen or more miles per hour over the posted speed limit of the roadway.

(4)Negligent homicide with a vehicle or vehicular homicide.

(5)Using a motor vehicle to commit a felony.

(6)Failure to maintain proof of financial responsibility as required by law.

(7)Fleeing the scene of an accident on foot or by use of a motor vehicle.

(8)Evading arrest.

(9)Careless and imprudent driving.

(10)Prohibited passing of another motor vehicle.

(11)Passing a stopped school bus.

(12)Failure to obey a posted traffic signal or device.

(13)Failure to obey a railroad crossing barrier.

(14)Driving with a suspended, revoked, or cancelled driver's license.

(15)Driving the wrong way down a one-way street.

B. All transport vehicle drivers performing transport assignment duties for contract carriers shall undergo testing for alcohol and controlled substances as provided by 49 CFR Parts 40 and 382. A driver shall be qualified to operate a transport motor vehicle for a contract carrier if the following conditions are met:

(1)The alcohol test results indicate a blood alcohol concentration of zero.

(2)The controlled substance test results from a medical review officer as defined by 49 CFR 40.3 indicate a verified negative test result.

C. A transport vehicle driver shall be disqualified from operating a motor vehicle for a contract carrier if:

(1)The driver refuses to provide a specimen for an alcohol or controlled substance test.

(2)The driver submits an adulterated, dilute positive, or substituted specimen on an alcohol or controlled substance test.

D. In the event a motor vehicle accident occurs during a transport assignment involving a motor vehicle owned or operated by a transport vehicle driver, the contract carrier shall test each surviving transport vehicle driver for alcohol or controlled substances, if:

(1)The accident involved the loss of human life.

(2)The transport vehicle driver received a moving traffic violation citation as a result of the motor vehicle accident and the accident involved:

(a)Bodily injury to a person who received immediate medical attention.

(b)Disabling damage to one or more motor vehicles involved in the accident.

E. Alcohol and controlled substance testing shall be completed immediately following a motor vehicle accident. In the event alcohol testing cannot be completed immediately, testing shall be performed within eight hours following the motor vehicle accident. In the event controlled substance testing cannot be completed immediately following the motor vehicle accident, testing shall be performed within thirty-two hours following the motor vehicle accident. The results of such testing shall be submitted to the Department of Public Safety and Corrections, office of motor vehicles.

F. The contract carrier shall maintain all records of alcohol and controlled substance testing for each driver it employs for a period of five years from the date the test is administered. The records shall be maintained in a secure location on the premises of the contract carrier.

Acts 2013, No. 193, §1.