USCG Exam PracticeChemical testing after a marine casualty
Under 46 CFR §185.210, if an individual directly involved in a marine casualty refuses to submit to a chemical test when directed by the owner, master, or a Coast Guard officer, what is the required action?
- ✓ The refusal must be noted in the Official Logbook if carried and in the written report on Form CG-2692, and it will be admissible as evidence in any administrative proceedingCorrect
- B. The refusal must be reported verbally to the nearest OCMI within 24 hours but need not appear in the written casualty report
- C. The individual's credential must be immediately suspended pending investigation
- D. The refusal must be entered in the Official Logbook only; it is not admissible in administrative proceedings
Why A 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 report (Form CG-2692), and expressly states this fact will be admissible as evidence in any administrative proceeding. Credential suspension is a separate proceeding and is not the immediate required action specified in this section.
Cited:46 CFR §185.210