(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

ubstituted 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

portation.(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.Amended by Act 2017, No. 707,§ 262, eff. 8/1/2017.Acts 2009, No. 243, § 1.

(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

ubstituted 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

portation.(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.Amended by Act 2017, No. 707,§ 262, eff. 8/1/2017.Acts 2009, No. 243, § 1.