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

FTA Response. FTA opts not to include “second chance policy” under
definitions at this time. Since the decision to retain a covered employee is within the
discretion of the employer, the phrase will not be defined in the final rule.
Taxi cab drivers and other transportation providers: FTA requested comments
regarding its guidance and policy relating to this category of contractors. According to
FTA policy, drug and alcohol testing rules do not apply to taxi cab drivers when patrons
(using publicly subsidized vouchers) or transportation providers can choose from a
variety of taxicab operators.
A number of commenters on this subject expressed concern that many rural and
small urban communities have limited availability of taxi service. One commenter
questioned FTA’s regulatory authority to include taxi operators under the drug and
alcohol testing rule. Other commenters indicated that a taxi operator is performing a
safety-sensitive function whether the patron or the provider selects the taxi service and
should be subject to the rule.
FTA Response. The intent of FTA’s regulatory scheme is not to impose Federal
regulations on the taxi industry; however, taxi companies that contract with
transportation service providers receiving Federal transit funds are subject to compliance
with the drug and alcohol rules. FTA policy continues to recognize the practical
difficulty of administering a drug and alcohol testing program to taxi companies that only
incidentally provide transit service. Therefore, the drug and alcohol testing rules apply
when the transit provider enters into a contract with one or more entities to provide taxi
service. The rules do not apply when the patron (using subsidized vouchers) selects the
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