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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 Requirements," <br />49 C.F.R. Part 382, which apply to transit providers that operate a commercial <br />motor vehicle that has a gross weight rating over 26,000 pounds or is designed to <br />transport sixteen (16) or more passengers, including the driver. <br />Section 24. 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, <br />that implement the Drug -Free Workplace Act of 1988, 41 U.S.C. §§ 701 at 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, <br />that implement 49 U.S.C. § 5331. <br />Section 25. 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 <br />is 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 <br />operated vehicles, and to include this provision in any third party contracts, third party <br />subcontracts, or subagreements involving the Project. <br />Section 26 Text Messaging While Driving. In accordance with Executive Order No. <br />13513, Federal Leadership on Reducing Text Messaging While Driving October 1, 2009, <br />23 U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While Driving <br />December 30, 2009, the Grantee is encouraged to comply with the terms 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 temporarily <br />stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving does not <br />include being in your vehicle (with or without the motor running) in a location off the <br />roadway where it 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 <br />data retrieval or electronic data communication. The term does not include the use of a <br />cell phone or other electronic device for the limited purpose of entering a telephone <br />number to make an outgoing call or answer an incoming call, unless the practice is <br />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 <br />drivers including policies to ban text messaging while driving — <br />(a) Grantee -owned or Grantee- rented vehicles or Government - owned, leased or rented <br />vehicles; <br />(b) Privately -owned vehicles when on official Project related business or when performing <br />any work for 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 <br />size, such as: <br />(a) Establishment of new rules and programs or re- evaluation of existing programs to <br />prohibit text messaging while driving; and <br />Updated 04/15/16 27 <br />