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amount 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 commerce and
<br /> not within a defined commercial zone and is not a unit of government
<br /> (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 the
<br /> 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 Drug 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. Safe Operation of Motor Vehicles.
<br /> The Recipient agrees as follows:
<br /> a. Seat Belt Use. In accordance with the provisions of Executive Order No. 13043, "Increasing
<br /> Seat Belt Use in the United States,"April 16, 1997, 23 U.S.C. § 402 note, the Recipient 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 subagreements, leases, third party contracts, or
<br /> other similar documents in connection with the Project.
<br /> Section 30. Distracted Driving includesText Messaging While Driving. In accordance with Executive
<br /> Order No. 13513, Federal Leadership on Reducing Text Messaging While Driving October 1, 2009, 23
<br /> U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While Driving December 30, 2009, the
<br /> Grantee is encouraged 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
<br /> stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving does not include
<br /> being in your vehicle (with or without the motor running) in a location off the roadway where it
<br /> is safe and legal to remain stationary.
<br /> (2) "Text Messaging" means reading from or entering data into any handheld or other
<br /> electric device, including the purpose of short message service texting, e-mailing, instant
<br /> messaging, obtaining navigating information, or engaging in any other form of electronic data
<br /> retrieval or electronic data communication. The term does not include the use of a cell phone
<br /> or other electronic device for the limited purpose of entering a telephone number to make an
<br /> outgoing call or answer an incoming call, unless the practice is prohibited by State or local
<br /> law.
<br /> Updated 3/07/12 Page 31 of 37
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