USCG Exam Practice · Chemical testing after a marine casualty
An individual directly involved in a marine casualty refuses to submit to a chemical test when directed by the vessel master. Under 46 CFR §185.210, what are the required and legal consequences of that refusal?
- AThe master may physically compel the individual to provide a specimen, and the refusal is not admissible in administrative proceedings
- BThe refusal must be noted in the Official Logbook if carried and in the written CG-2692 report, and the refusal is admissible as evidence in any administrative proceeding✓ correct
- CThe refusal must be reported only to the OCMI verbally within 24 hours, and no logbook entry is required
- DThe refusal automatically results in immediate suspension of the individual's credential by operation of law
Why B is correct
46 CFR §185.210(d) requires that a refusal to submit to or cooperate in a timely chemical test be noted in the Official Logbook if carried and in the written CG-2692 report, and expressly states that the refusal will be admissible as evidence in any administrative proceeding.
Cited:46 CFR §185.210
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