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<br /> Contractor agrees to comply with assured compliance of it sub-contractors, and their employees
<br /> with 49 USC Section 5331 and FTA regulation "Prevention of Alcohol Misuse and Prohibited
<br /> Drug Use in Transit Operation," 49 CFR Part 655 and the following Federal substance abuse
<br /> regulations:
<br /> Federal Certification Regarding Alcohol Misuse and Prohibited Drug Use. As required by FTA
<br /> regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use In Transit Operations," at
<br /> 49 CFR part 655, subpart I, the Contractor certifies, by signing this Agreement, that it has
<br /> established and implemented an alcohol misuse and anti-drug program, and has complied with
<br /> or will comply with all applicable requirements of FTA regulations, "Prevention of Alcohol Misuse
<br /> and Prohibited Drug Use in Transit Operations," 49 CFT part 655 and Section 31 of this
<br /> Agreement.
<br /> a. Drug-Free Workplace. U.S. DOT regulations, "Government wide
<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 33. 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,
<br /> "Increasing Seat Belt Use in the United States," April 16, 1997, 23 U.S.C. §402 note, the
<br /> Recipient is encouraged to adopt and promote on-the-job seat belt use policies and
<br /> programs for its employees and other personnel that operate company-owned, rented,
<br /> or personally operated vehicles, and to include this provision in any subagreements,
<br /> leases, third party contracts, or other similar documents in connection with the Project.
<br /> Section 34. Distracted Drivinq includesText Messaging While Driving. In accordance with
<br /> Executive Order No. 13513, Federal Leadership on Reducing Text Messaging While Driving
<br /> October 1, 2009, 23 U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While
<br /> Driving December 30, 2009, the Grantee is encouraged to comply with the term of the following
<br /> Special Provision.
<br /> a. Definitions. As used in this Special Provision:
<br /> (1) "Driving" means operating a motor vehicle on a roadway, including while
<br /> temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving
<br /> does not include being in your vehicle (with or without the motor running) in a location off
<br /> the roadway where it is safe and legal to remain stationary.
<br /> (2) "Text Messaging" means reading from or entering data into any handheld or
<br /> other electric device, including the purpose of short message service texting, e-mailing,
<br /> instant messaging, obtaining navigating information, or engaging in any other form of
<br /> electronic data retrieval or electronic data communication. The term does not include the
<br /> use of a cell phone or other electronic device for the limited purpose of entering a
<br /> telephone number to make an outgoing call or answer an incoming call, unless the
<br /> 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
<br /> distracted drivers including policies to ban text messaging while driving —
<br /> (a) Grantee-owned or Grantee-rented vehicles or Government-owned,
<br /> leased or rented vehicles;
<br /> Revised 02/20/13
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