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Section 28. Motor Carrier Safety. To the extent applicable, the Grantee agrees to comply with, and
<br />assures the compliance of its subrecipients, lessees, and third party Grantees with, applicable provisions
<br />of the following regulations promulgated by the U.S. Federal Motor Carrier Safety Administration (U.S.
<br />FMCSA):
<br />a. Financial Responsibility. The Grantee agrees as follows:
<br />(1) To the extent that the Grantee is engaged in interstate commerce and not within a defined
<br />commercial zone, the Grantee agrees to comply with U.S. FMCSA regulations, "Minimum
<br />Levels of Financial Responsibility for Motor Carriers," 49 U.S.C. Part 387, dealing with
<br />economic registration and insurance requirements. For recipients of Federal assistance
<br />under 49 U.S.C. §§ 5307, 5310, or 5311, 49 C.F.R. Part 387 is modified by 49 U.S.C. §
<br />31138(e)(4) which reduces the amount of insurance required of such recipients to the highest
<br />amount of any state in which the transit provider operates.
<br />(2) To the extent that the Grantee is engaged in interstate commerce and not within a defined
<br />commercial zone and is not a unit of government (defined as Federal Government, a state,
<br />any political subdivision of a state or any agency established under a compact between
<br />states), the Grantee agrees to comply with U.S. FMCSA regulations, Subpart B, "Federal
<br />Motor Carrier Safety Regulations," at 49 C.F.R. Parts 390 through 396.
<br />b. Driver Qualifications. The Grantee agrees to comply with U.S. FMCSA's regulations, "Commercial
<br />Driver's License Standards, Requirements, and Penalties," 49 C.F.R. Part 383.
<br />C. Substance Abuse Rules for Motor Carriers. The Grantee agrees to comply with U.S. FMCSA's
<br />regulations, "Drug and Alcohol Use and Testing Requirements," 49 C.F.R. Part 382, which apply
<br />to transit providers that operate a commercial motor vehicle that has a gross weight rating over
<br />26,000 pounds or is designed to transport sixteen (16) or more passengers, including the driver.
<br />Section 29. Substance Abuse. To the extent applicable, the Grantee agrees to comply with the
<br />following Federal substance abuse regulations:
<br />a. Drug -Free Workplace. U.S. OMB Guidance, "Goverernmentwide Requirements for Drug -Free
<br />Workplace (Financial Assistance)." 2 C.F. R. Part 182, U.S. DOT regulations, "Governmentwide
<br />Requirements for Drug -Free Workplace (Financial Assistance), 49 C.F.R. Part 32, that implement
<br />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 Misuse and
<br />Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that implement 49 U.S.C. § 5331.
<br />Section 30. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing Seat Belt Use
<br />in the United States," April 16, 1997, 23 U. S. C. § 402 note, the Grantee is encouraged to adopt and
<br />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 31. Text Messaging While Driving. In accordance with Executive Order No. 13513, "Federal
<br />Leadership on Reducing Text Messaging While Driving," October 1, 2009, 23 U.S.C.A. § 402 note, and
<br />DOT Order 3902.10, "Text Messaging While Driving," December 30, 2009, the Grantee is encouraged to
<br />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
<br />it is safe and legal to remain stationary.
<br />(2) "Text Messaging" means reading from or entering data into any handheld or other electric
<br />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
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