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for Motor Carriers," 49 U.S.C. Part 387, dealing with economic registration
<br />and insurance requirements. For recipients of Federal assistance under
<br />49 U.S.C. §§ 5307, 5310, 5311, 5316 5317, 49 C.F.R. Part 387 is
<br />modified by 49 U.S.C. § 31138(e) (4) which reduces the amount of
<br />insurance required of such recipients to the highest amount of any state in
<br />which the transit provider operates.
<br />(2) To the extent that the Contractor is engaged in interstate commerce and not
<br />within a defined commercial zone and is not a unit of government (defined
<br />as Federal Government, a state, any political subdivision of a state or any
<br />agency established under a compact between states), the Contractor
<br />agrees to comply with U.S. FMCSA regulations, Subpart B, "Federal
<br />Motor Carrier Safety Regulations," at 49 CFR Parts 390 through 396.
<br />b. Driver Qualifications The Contractor agrees to comply with U.S. FMCSA's
<br />regulations, "Commercial Driver's License Standards, Requirements, and
<br />Penalties," 49 C.F.R. Part 383.
<br />C. Substance Abuse Rules for Motor Carriers. The Contractor agrees to comply with
<br />U.S. FMCSA's regulations, "Drug and Alcohol Use and Testing Requirements," 49
<br />C.F.R. Part 382, which apply to transit providers that operate a commercial motor
<br />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 31. Substance Abuse To the extent applicable, the Contractor, its subcontractors or
<br />their employees perform a safety- sensitive function under the Agreement, the Contractor
<br />agrees to comply with and assure compliance of its subcontractors, and their employees with
<br />49 USC Section 5331 and FTA regulations "Prevention of Alcohol Misuse and Prohibited Drug
<br />Use in Transit Operations," 49 CFR Part 655 and the following Federal substance abuse
<br />regulations:
<br />Federal_Certification Regarding Alcohol Misuse and Prohibited Drug Use As required by FTA
<br />regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," at
<br />49 CFR part 655, subpart i, the Contractor certifies, by signing this Agreement, that it has
<br />established and implemented an alcohol misuse and anti -drug program, and has complied with
<br />or. will comply with all applicable requirements of FTA regulations, "Prevention of Alcohol
<br />Misuse and Prohibited Drug Use in Transit Operations" 49 CFR part 655, and Section 31 of
<br />this Agreement.
<br />a. Drug -Free Workplace U.S. DOT regulations, "Government wide Requirements for
<br />Drug -Free Workplace (Financial Assistance), 49 C.F.R. Part 32, that implement the Drug -Free
<br />Workplace Act of 1988, 41 U.S.C. §§ 701 et seq.
<br />b. Alcohol Misuse and Prohibited Drug Use FTA regulations, "Prevention of Alcohol
<br />Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that implement 49
<br />U.S.C. § 5331.
<br />Section 32. Seat Belt Use In accordance with Executive Order No. 13043, "Increasing Seat
<br />Belt Use in the United States," April 16, 1997, 23 U. S. C. § 402 note, the Contractor is
<br />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 operated
<br />vehicles, and to include this provision in any third party contracts, third party subcontracts, or
<br />sub agreements involving the Project.
<br />Updated 3/01/11 Page 34 of 41
<br />Attachment number 2
<br />F -8 Page 168
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