| Your truck driver calls. He was in an accident in | | | | Pennsylvania, a commercial driver "is deemed to |
| Pennsylvania. He is being taken for a drug and | | | | have given consent" for a drug or alcohol test. 75 |
| alcohol test. A number of thoughts race through | | | | Pa.C.S.A. §1613(a). |
| your mind. Are they taking him for a DOT | | | | That section requires that such testing may be |
| required test because of a death or a citation | | | | administered by police officer's finding of |
| with treatment away from the scene or towing? | | | | "reasonable grounds to believe that the driver |
| No, the driver assures you. He is not being cited. | | | | was driving a commercial motor vehicle while |
| You then assume there must be a reason that | | | | having any alcohol in his system." 75 Pa.C.S.A. |
| leads the officer to think drugs or alcohol is | | | | §1613(b). The commercial driver's refusal to |
| involved-odor of breath, eyes, gait, speech, | | | | submit to testing will result in the loss of his |
| actions, something. Again, your driver assures you | | | | commercial license for at least one year. 75 |
| that he is clean. You remain understandably | | | | Pa.C.S.A. §1611. In contrast, Section 3756 is |
| skeptical. But it may not be warranted. | | | | basically an "investigate-an-accident-require-a-test" |
| Pennsylvania law provides that a police officer | | | | law. There is no requirement in the law for |
| investigating an accident involving a motor carrier | | | | "reasonable grounds" or "probable cause". That |
| vehicle pursuant to a required investigation "shall | | | | may be a problem for its ultimate enforcement. |
| request that the driver of the vehicle submit to | | | | If your driver is sent for Section 3756 testing, 9 |
| testing for alcohol and controlled substances." 75 | | | | chances out of 10 it will be by a local police |
| Pa. C.S.A. §3756(a). The costs of the test must | | | | department. There are many in law enforcement |
| be paid by the driver's employer. 75 Pa. C.S.A. | | | | who question the application of a law that |
| §3756(a). A driver who refuses commits a | | | | provides for such testing without a requirement |
| summary offense. 75 Pa. C.S.A. §3756(b). They | | | | of "probable cause". Whatever its ultimate |
| can be sentenced to pay a fine of up to $200. 75 | | | | Constitutional outcome, we want you to be |
| Pa. C.S.A. §3756(b). This is not to be confused | | | | aware of the law. When your driver calls from a |
| with the "implied consent" testing of commercial | | | | Pennsylvania accident, you will know that the |
| drivers. 75 Pa.C.S.A. §1613(a). This section | | | | requirement of a test may be just that and |
| provides that upon driving a commercial vehicle in | | | | nothing more. |