|
Section 25. Motor Carrier Safety. To the extent applicable, the Contractor agrees to
<br />comply with, and assures the compliance of its subrecipients, lessees, and third party
<br />contractors with, applicable provisions of the following regulations promulgated by the U.S.
<br />Federal Motor Carrier Safety Administration (U.S. FMCSA):
<br />a. Financial Responsibility. The Contractor agrees as follows:
<br />(1) To the extent that the Contractor is engaged in interstate
<br />commerce and not within a defined commercial zone, the
<br />Contractor agrees to comply with U.S. FMCSA regulations,
<br />"Minimum Levels of Financial Responsibility for Motor Carriers,"
<br />49 U.S.C. Part 387, dealing with economic registration and
<br />insurance requirements. For recipients of Federal assistance
<br />under 49 U.S.C. §§ 5307, 5310, or 5311, 49 C.F.R. Part 387 is
<br />modified by 49 U.S.C. § 31138(e)(4) which reduces the amount
<br />of insurance required of such recipients to the highest amount of
<br />any state in which the transit provider operates.
<br />(2) To the extent that the Contractor is engaged in interstate
<br />commerce and not within a defined commercial zone and is not a
<br />unit of government (defined as Federal Government, a state, any
<br />political subdivision of a state or any agency established under a
<br />compact between states), the Contractor agrees to comply with
<br />U.S. FMCSA regulations, Subpart B, "Federal Motor Carrier
<br />Safety Regulations," at 49 CFR Parts 390 through 396.
<br />b. Driver Qualifications. The Contractor agrees to comply with U.S. FMCSA's
<br />regulations, "Commercial Driver's License Standards, Requirements, and
<br />Penalties," 49 C.F.R. Part 383.
<br />C. Substance Abuse Rules for Motor Carriers. The Contractor agrees to comply
<br />with U.S. FMCSA's regulations, "Drug and Alcohol Use and Testing
<br />Requirements," 49 C.F.R. Part 382, which apply to transit providers that
<br />operate a commercial motor vehicle that has a gross weight rating over
<br />26,000 pounds or is designed to transport sixteen (16) or more passengers,
<br />including the driver.
<br />Section 26. Substance Abuse. To the extent applicable, the Contractor agrees to comply
<br />with the following Federal substance abuse regulations:
<br />a. Drug -Free Workplace. U.S. DOT regulations, "Governmentwide
<br />Requirements for Drug -Free Workplace (Financial Assistance), 49 C.F.R. Part 32, that
<br />implement the Drug -Free Workplace Act of 1988, 41 U.S.C. §§ 701 et seq.
<br />b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of
<br />Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that
<br />implement 49 U.S.C. § 5331.
<br />Section 27. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing
<br />Seat Belt Use in the United States," April 16, 1997, 23 U. S. C. § 402 note, the Contractor is
<br />encouraged to adopt and promote on- the -job seat belt use policies and programs for its
<br />employees and other personnel that operate company- owned, rented, or personally operated
<br />vehicles, and to include this provision in any third party contracts, third party subcontracts, or
<br />subagreements involving the Project.
<br />Section 28. Protection of Sensitive Security Information. To the extent applicable, the
<br />Contractor agrees to comply with 49 U.S.C. § 40119(b) and, implementing U.S. DOT
<br />regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49 U.S.C.
<br />§ 114(s) and implementing U.S. Department of Homeland Security, Transportation Security
<br />Administration regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 1520.
<br />Page 32 of 36
<br />
|