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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 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.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 Government-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:
<br /> (a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text
<br /> messaging while driving; and
<br /> (b) Education, awareness, and other outreach to employees about the safety risks associated with
<br /> texting while driving.
<br /> (3) Include this Special Provision in its subagreements with its subrecipients and third party contracts
<br /> and also encourage its subrecipients, lessees, and third party contractors to comply with the terms of
<br /> this Special Provision, and include this Special Condition in each subagreement, lease, and third party
<br /> contract at each tier financed with Federal assistance provided by the Federal Government.
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