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1. The Contractor or its subcontractor, lessee or third party agree to comply with U.S. FMCSA's
<br />regulations, "Commercial Driver's License Standards, Requirements, and Penalties ", 49 CFR Part 383.
<br />Substance Abuse Rules for Motor Carriers
<br />1. The Contractor or its subcontractor, lessee or third party agree to comply with U.S. FMCSA's
<br />regulations, "Drug and Alcohol Use and Testing Requirements" 49 CFR Part 382, which apply to
<br />transit providers that operate a commercial motor vehicle that has a gross vehicle weight rating over
<br />26,000 pounds or is designed to transport sixteen (16) or more passengers, including the driver.
<br />27. National Intelligent Transportation Systems Architecture and Standards
<br />To the extent applicable, the Contractor agrees to conform to the National Intelligent Transportation
<br />Systems (ITS) Architecture and Standards as required by SAFETEA -LU § 5307(c), 23 U.S.C. § 512
<br />note, and follow the provisions of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects,"
<br />66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a
<br />later date, except to the extent FTA determines otherwise in writing. (applicable to ITS projects)
<br />28. Charter Service
<br />The Charter Bus requirements apply to all Operational Service Contracts. The Charter Bus
<br />requirements flow down from FTA recipients and subrecipients to first tier service Contractors.
<br />The Contractor agrees that no project financed under 49 U.S.C. chapter 53 or under 23 U.S.C. §§ 133
<br />or 142, will engage in charter service operations, except as authorized by 49 U.S.C. § 5323(d) and
<br />FTA regulations, "Charter Service," 49 C.F.R. Part 604, and any Charter Service regulations or FTA
<br />directives that may be issued, except to the extent that FTA determines otherwise in writing. The
<br />Charter Service Agreement the Grant Recipient has selected in its latest annual Certifications and
<br />Assurances is incorporated by reference and made part of the Grant Agreement or Cooperative
<br />Agreement for the Project and part of this procurement. The following FTA's Charter Service
<br />regulations, apply: (1) the requirements of FTA's Charter Service regulations and any amendments
<br />thereto will apply to any charter service it or its subrecipients, lessees, third party Contractors, or other
<br />participants in the Project provide; (2) the definitions of FTA's Charter Service regulations will apply to
<br />the Recipient's charter operations, and (3) a pattern of violations of FTA's Charter Service regulations
<br />may require corrective measures and imposition of remedies, including barring the Recipient,
<br />subrecipient, lessee, third party Contractor, or other participant in the Project operating public
<br />transportation under the Project from receiving Federal financial assistance from FTA, or withholding
<br />an amount of Federal assistance as set forth in Appendix D to those regulations. [Amendments to FTA
<br />regulations, "Charter Service," 49 C.F.R. Part 604, were published at 73 Fed. Reg. 2325 et seq.,
<br />January 14, 2008, and amended at 73 Fed. Reg. 44927 et seq., August 1, 2008, and at 73 Fed. Reg.
<br />46554 et seq., August 112008.]
<br />29. School Bus Operations
<br />The School Bus requirements apply to all Operational Service Contracts. The School Bus
<br />requirements flow down from FTA recipients and subrecipients to first tier service Contractors.
<br />Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance
<br />may not engage in school bus operations exclusively for the transportation of students and school
<br />personnel in competition with private school bus operators unless qualified under specified
<br />exemptions. When operating exclusive school bus service under an allowable exemption, recipients
<br />and subrecipients may not use federally funded equipment, vehicles, or facilities.
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