Implementation Guidelines - Federal Transit Administration - U.S. ...

agency, FTA has concluded that the latter
is not covered by the regulations. The
pass-through funds must be clearly
identified and distinct from other FTA
funds.
Taxicab Operators. The regulations
apply to taxicab operators when the
transit provider enters into a contract with
one or more entities to provide taxi
service as part of the public transit
service. Drug and alcohol testing rules
do not apply to taxicab operators when
service is provided where patrons are
allowed to choose the taxicab companies
that will provide the service.
Charters, Vehicle Leases, and
Motor Pools. Transit systems will
sometimes formally or informally lease
their revenue service vehicles to provide
charter services or to supplement human
service transportation programs. In some
cases, the arrangements are made on an
incidental or ad hoc basis. In others, the
arrangements are well established,
formalized, and provided on a routine
basis.
The regulations state that the drug
and alcohol rules apply to any entity that
performs a safety-sensitive function (i.e.,
operation of a revenue service vehicle,
including when not in revenue service)
consistent with a specific understanding
or arrangement. The understanding can
be a written contract or an informal
arrangement between the parties.
Consequently, transit systems that
have established an ongoing relationship
with other agencies or companies to
provide revenue service vehicles, must
require that these entities establish and
maintain drug and alcohol testing
programs compliant with the FTA
regulations for the portion of the business
that uses these vehicles.
In instances where vehicles are
provided on a one-time or incidental
basis, and there is no ongoing
relationship (i.e., mayor drives a bus in a
parade, radio personality drives a bus
during a vehicle rodeo), the regulations
do not apply.
Section 5310 Specialized
Transportation Program. Since the
FTA regulations apply only to recipients
of Section 5307, 5309, or 5311 funding,
or any recipient of federal financial
assistance under Section 103(e)(4) of
Title 23 of the U.S. Code, those operators
receiving only Section 5310 funding are
not required to comply with the FTA
testing regulations. However, those
Section 5310 recipients who have drivers
holding CDLs must comply with
FMCSA’s drug and alcohol testing
programs (49 CFR Part 382).
Chapter 2. Regulatory Overview 2-5 August 2002