De Witt W. Clinton
County Counsel
County of Los Angeles
P.O. Box 194
Los Angeles, CA 90053

Re: Post-accident testing; citation under 49 CFR Parts 653 and 654

Dear Mr. Clinton:

Thank you for your letter regarding the Federal Transit Administration (FTA)'s post-accident drug and alcohol testing regulations (49 CFR Parts 653 and 654). As you note, with regard to non-fatal accidents, section 653.45 limited post-accident testing to accidents in which bus operators have received law enforcement citations.

The FTA recently amended 49 CFR §§653.45 and 654.33 (60 Fed. Reg. 39618, copy enclosed) to eliminate the citation requirement. As the rule now reads, the employer must administer a drug and alcohol test to the operator of the vehicle, "unless the employer determines, using the best information available at the time of the decision, that the [operator's] performance can be completely discounted as a contributing factor to the accident."

If you have further questions or comments, please contact Kristin O'Grady or Nancy Zaczek at (202) 366-4011.

Very truly yours,
(Signed)
Berle M. Schiller
Chief Counsel