[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR95.035]



[Page 231]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

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 Sec. Sec. 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]