[Code of Federal Regulations]
[Title 33, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR95.035]

[Page 229]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
          CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION
 
PART 95--OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG--Table of Contents
 
Sec. 95.035  Reasonable cause for directing a chemical test.

    (a) Only a law enforcement officer or a marine employer may direct 
an individual operating a vessel to undergo a chemical test when 
reasonable cause exists. Reasonable cause exists when:
    (1) The individual was directly involved in the occurrence of a 
marine casualty as defined in Chapter 61 of Title 46, United States 
Code, or
    (2) The individual is suspected of being in violation of the 
standards in Secs. 95.020 or 95.025.
    (b) When an individual is directed to undergo a chemical test, the 
individual to be tested must be informed of that fact and directed to 
undergo a test as soon as is practicable.
    (c) When practicable, a marine employer should base a determination 
of the existence of reasonable cause, under paragraph (a)(2) of this 
section, on observation by two persons.

[CGD 84-099, FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 1, 
1988]