法规速查Regulation Navigator
先看懂要求，再查清依据。Understand the rule. Find its source.
部分资料含历史版本或来源限制。收录日期不代表现行性已复核；请先核对每项官方来源、版本和适用范围。Some records contain historical versions or source limitations. Capture dates do not establish a review of current requirements; check each official source, edition and scope before use.
法规索引Regulation index
按中文名称了解每条管什么，再展开查看解读与官方原文。Browse by subject, then expand an entry for available explanations and official text.
司机入职前检测§ 382.301 Pre-employment testing.§ 382.301 Pre-employment testing.司机入职前检测
事故后的酒精与药物检测§ 382.303 Post-accident testing.§ 382.303 Post-accident testing.事故后的酒精与药物检测
适用于 Part 382 覆盖、需要 CDL 的商业驾驶工作。是否豁免，不能仅凭业务在州内还是跨州判断。本文概述办理要求，不判定个人检测结果或回岗资格。For CDL-required commercial driving covered by Part 382; intrastate versus interstate operation alone does not establish an exemption. This is a process overview, not a decision on an individual test result or return-to-duty eligibility.
事故后是否检测及何时检测，须按触发条件判断Check the accident trigger before applying testing deadlines
- 具体要求What the rule requires
- 死亡事故和特定非死亡事故适用不同的检测触发条件。非死亡事故中，有人因伤立即在事故现场以外接受医疗处理，或有车辆因事故损坏而无法按通常方式驶离，须由拖车或其他机动车运离现场时，还要看司机是否在规定时段内收到由该事故引起的行车违法传票。需要酒精检测而两小时内未完成的，应记录原因；八小时后须停止尝试并留存记录。需要药物检测而 32 小时内未完成的，也须停止尝试并留存记录。不得为等候检测延误必要急救。Fatal and qualifying nonfatal accidents have different triggers. For nonfatal accidents, check for bodily injury with immediate medical treatment away from the scene or disabling vehicle damage requiring transport from the scene, together with a moving-violation citation arising from the accident within the applicable window. If required alcohol testing is not completed within two hours, record why; stop attempts after eight hours and document. Stop required drug-test attempts after 32 hours and document. Do not delay necessary medical care.
- 条件与例外Conditions and exceptions
- 非死亡事故的传票窗口：酒精检测为事故后 8 小时内，药物检测为 32 小时内。不是每次小碰擦都自动触发联邦事故后检测。For nonfatal accidents, the citation window is eight hours for alcohol testing and 32 hours for controlled-substances testing. Not every minor collision automatically triggers federal post-accident testing.
(a) (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:
(a)(1) (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(a)(2) (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
(a)(2)(i) (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(a)(2)(ii) (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(b) (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers:
(b)(1) (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(b)(2) (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
(b)(2)(i) (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(b)(2)(ii) (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(d)(1) (d)(1) Alcohol tests. If a test required by this section is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.
(d)(2) (2) Controlled substance tests. If a test required by this section is not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FMCSA upon request.
(e) (e) A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
使用固定来源版次；适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
法规原文 · 英文REGULATION TEXT · ENGLISH
事故后的酒精与药物检测§ 382.303 Post-accident testing.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
展开英文原文Read the English original收起英文原文Hide the English original
49 CFR 382.303 · § 382.303 Post-accident testing.
§ 382.303 Post-accident testing.
(a)As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:
(a)(1)Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(a)(2)Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
(a)(2)(i)Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(a)(2)(ii)One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(b)As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers:
(b)(1)Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(b)(2)Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
(b)(2)(i)Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(b)(2)(ii)One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(c) The following table notes when a post-accident test is required to be conducted by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section:
49 CFR 382.303 Type of accident involved Citation issued to the CMV driver Test must be performed by employer i. Human fatality YESNO YESYES ii. Bodily injury with immediate medical treatment away from the scene YESNO YESNO iii. Disabling damage to any motor vehicle requiring tow away YESNO YESNO
(d)(1)Alcohol tests. If a test required by this section is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.
(d)(2)Controlled substance tests. If a test required by this section is not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FMCSA upon request.
(e)A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
(f)An employer shall provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section.
(g)(1)The results of a breath or blood test for the use of alcohol, conducted by Federal, State, or local law enforcement or public safety officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, State or local alcohol testing requirements, and that the results of the tests are obtained by the employer.
(g)(2)The results of a urine test for the use of controlled substances, conducted by Federal, State, or local law enforcement or public safety officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, State or local controlled substances testing requirements, and that the results of the tests are obtained by the employer.
(h)Exception. This section does not apply to:
(h)(1)An occurrence involving only boarding or alighting from a stationary motor vehicle; or
(h)(2)An occurrence involving only the loading or unloading of cargo; or
(h)(3)An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in § 571.3 of this title) by an employer unless the motor vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with § 177.823 of this title.
[66 FR 43103, Aug. 17, 2001, as amended at 87 FR 59035, Sept. 29, 2022]
依据关联的官方原文及官方项目说明起草。中文和英文解读均为 CTAC AI 辅助工作稿，未经人工审核；教学案例不是实际会员记录。采集日期不是法规生效日期。Drafted from linked official texts and agency guidance. Both language interpretations are CTAC AI-assisted drafts pending human review; examples are illustrative, not member records. Capture dates are not legal effective dates.
相关实务指南Related practical guides
酒精与药物记录查询（Clearinghouse）§ 382.701 Drug and Alcohol Clearinghouse.§ 382.701 Drug and Alcohol Clearinghouse.酒精与药物记录查询（Clearinghouse）
查询 Clearinghouse 前的司机授权§ 382.703 Driver consent to permit access to information in the Clearinghouse.§ 382.703 Driver consent to permit access to information in the Clearinghouse.查询 Clearinghouse 前的司机授权
中文为 CTAC 白话说明，不是官方译文，也不构成个案法律意见。请先核对适用范围、来源版本与最新官方通知。CTAC plain-language explanations are not official translations or case-specific legal advice. Check scope, source editions and current official notices.