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(defined as Federal Government, a state, any political subdivision of a
<br />state or any agency established under a compact between states), the
<br />Contractor agrees to comply with U.S. FMCSA regulations, Subpart B,
<br />"Federal Motor Carrier Safety Regulations," at 49 CFR Parts 390
<br />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 Penalties,"
<br />49 C.F.R. Part 383.
<br />c. Substance Abuse Rules for Motor Carriers. The Contractor agrees to comply with
<br />U.S. FMCSA's regulations, "Drug and Alcohol Use and Testing Requirements," 49
<br />C.F.R. Part 382, which apply to transit providers that operate a commercial motor
<br />vehicle that has a gross weight rating over 26,000 pounds or is designed to transport
<br />sixteen (16) or more passengers, including the driver:
<br />Section 28. Substance Abuse. To the extent applicable, the Contractor agrees to comply with
<br />the following Federal substance abuse regulations:
<br />a. Drug-Free Workplace. U.S. OMB Guidance, "Goverernmentwide Requirements for
<br />Drug-Free Workplace (Financial Assistance)." 2 C.F. R. Part 182, U.S. DOT regulations,
<br />"Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), 49 C.F.R. Part 32,
<br />that implement the Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701 et seq.
<br />b. Alcohol Misuse and Prohibited Drua Use. FTA regulations, "Prevention of Alcohol
<br />Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that implement 49 U.S.C. §
<br />5331.
<br />Section 29. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing Seat Belt
<br />Use in the United States," April 16, 1997, 23 U. S. C. § 402 note, the Contractor is encouraged to adopt
<br />and promote on-the job seat belt use policies and programs for its employees and other personnel that
<br />operate company-owned, rented, or personally operated vehicles, and to include this provision in any
<br />third party contracts, third party subcontracts, or subagreements involving the Project.
<br />Section 30. Text Messaging While Driving. In accordance with Executive Order No. 13513,
<br />Federal Leadership on Reducing Text Messaging While Driving October 1, 2009, 23 U.S.C.A. § 402
<br />note, and DOT Order 3902.10, Text Messaging While December 30, 2009, the Grantee is encouraged
<br />to comply with the term of the following Special Provision.
<br />a. Definitions. As used in this Special Provision:
<br />(1) "Driving" means operating a motor vehicle on a roadway, including while temporarily stationary
<br />because of traffic, a traffic light, stop sign, or otherwise. "Driving does not include being in your vehicle
<br />(with or without the motor running) in a location off the roadway where it is safe and legal to remain
<br />stationary.
<br />(2) "Text Messaging" means reading from or entering data into any handheld or other electric device,
<br />including the purpose of short message service texting, e-mailing, instant messaging, obtaining
<br />navigating information, or engaging in any other form of electronic data retrieval or electronic data
<br />communication. The term does not include the use of a cell phone or other electronic device for the
<br />limited purpose of entering a telephone number to make an outgoing call or answer an incoming call,
<br />unless the practice is prohibited by State or local law.
<br />b. Safety. The Grantee is encouraged to:
<br />(1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
<br />including policies to ban text messaging while driving -
<br />(a) Grantee-owned or Grantee-rented vehicles or Govemment-owned, leased or rented vehicles;
<br />(b) Privately-owned vehicles when on official Project related business or when performing any work for
<br />or on behalf of the Project; or
<br />(c} Any vehicle, on or off duty, and using an employer supplied electronic device.
<br />(2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as:
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