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49 CFR §382.303 · §390.5 · Part 40

FMCSA Post-Accident Testing Determination

When a commercial vehicle is involved in a crash, someone has to decide — often within minutes and under pressure — whether federal rules require a drug and alcohol test. Get it wrong in either direction and the carrier faces a compliance finding, a missed test that can never be recovered, or an unnecessary test that erodes driver trust. This practical, self-paced course walks supervisors, DERs, and safety staff through the exact §382.303 decision logic, the timing windows, and the documentation that stands up in an audit, so you can make the call correctly and prove you did.

What this training covers

  • 12 self-paced sections that build from the regulatory framework to real crash-scene decisions
  • The complete §382.303 decision logic: fatality, injury-with-citation, and tow-away-with-citation
  • How to apply the §390.5 definition of an 'accident' and spot the exclusions that take a crash out of scope
  • The pivotal role of the citation — what counts as a moving violation, who issues it, and why timing matters
  • Alcohol timing (2-hour and 8-hour) and drug timing (32-hour) windows, plus how to document a why-not record
  • Driver availability, medical-care priority, leaving the scene, and when non-availability becomes a refusal
  • A 25-question final exam with an 80% passing score and unlimited review of the material
  • An audit-ready, QR-verifiable certificate of completion you can hand to an auditor or investigator

What’s on your audit-ready certificate

  • The exact regulatory citation (49 CFR §382.303 · §390.5 · Part 40)
  • Holder’s name and final test score, printed on the certificate
  • A unique ID and QR-coded verification URL — auditors confirm authenticity in seconds at testrightacademy.com/verify
  • Completion date with 12-month validity and a renewal reminder before it expires
Who needs this: Supervisors, DERs, safety managers, and C/TPA staff at FMCSA-regulated motor carriers who must decide at a crash scene whether DOT post-accident testing is required.
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