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Pursuant to Executive Order No. 13043, April 16, 1997, 23 U. S. C. § 402, the Contractor is <br />encouraged to adopt and promote on -the -job seat belt use policies and programs for its employees <br />and other personnel that operate company- owned, rented, or personally- operated vehicles and include <br />this provision in any third party subcontracts, leases or similar documents in connection with this <br />project. <br />b. Distracted Driving, Including Texting While Driving <br />Consistent with Executive Order No. 13513, "Federal Leadership on Reducing Text Messaging While <br />Driving," October 1, 2009, 23 U.S.C. Section 402 note, and DOT Order 3902. 10, "Text Messaging <br />While Driving," December 30, 2009, FTA encourages each third party contractor to promote policies <br />and initiatives for its employees and other personnel that adopt and promote safety policies to <br />decrease crashes by distracted drivers, including policies to ban text messaging while driving, and to <br />include this provision in any third party subcontract leases or similar documents in connection with this <br />project. <br />c. Safety. The Contractor is encouraged to: <br />(a) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers <br />including policies to ban text messaging while driving— <br />Company - owned or rented vehicles; Privately -owned vehicles when on official Project <br />related business or when performing any work for or on behalf of the Project; or any vehicle, on or <br />off duty, and using an electronic device. <br />(b) Education, awareness, and other outreach to employees about the safety risks associated with <br />texting while driving. <br />c. Definitions <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 <br />vehicle (with or without the motor running) in a location off the roadway where it is safe and <br />legal to remain stationary. <br />(2) "Text Messaging" means reading from or entering data into any handheld or other electronic <br />device, including for the purpose of short message service texting, e- mailing, instant <br />messaging, obtaining navigational 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 or <br />other electronic device for the limited purpose of entering a telephone number to make an <br />outgoing call or answer an incoming call, unless the practice is prohibited by State or local law. <br />39. Exclusionary, or Discriminatory Specifications or Requirements <br />The Contractor agrees that it will comply with the requirements of 49 U.S.C. Sect. 5325(h) by <br />refraining from using any funds derived from FTA in performance of this Contract to support any sub- <br />contracts that use exclusionary or discriminatory specifications or requirements. <br />40. North Carolina State Ethic's Requirement <br />47 <br />Attachment number 1 <br />F -5 Page 201 <br />