163.08  PROHIBITIONS/CONSEQUENCES.
   (a)   Drug Use Prohibitions/Consequences:
      (1)   No driver shall be on duty if the driver used any controlled substances and/or alcohol except as provided in affirmative defense as described below.
      (2)   A person who tests positive for the use of controlled substances and/or alcohol, except those described below in affirmative defense situations, is medically unqualified to operate a commercial motor vehicle.
      (3)   Any driver who is alleged to have violated any section of "Drug Use Prohibitions" as stated above shall have available as an affirmative defense, to be proven by the driver through clear and convincing evidence, that his/her use of controlled substance (except for  Methadone) was prescribed by a licensed medical practitioner who is familiar with the driver's medical history and assigned duties.
   (b)   Alcohol Prohibitions/Consequences:
      (1)   Alcohol concentration: No driver shall report for duty or remain on duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. The City of Aurora, having actual knowledge that a driver has an alcohol concentration of 0.04 or greater, shall not permit the driver to perform or continue to perform safety-sensitive functions.
      (2)   Alcohol possession: No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. The City of Aurora, having actual knowledge that a driver possesses unmanifested alcohol, may not permit the driver to drive or continue to drive a commercial motor vehicle.
      (3)   On-duty use: No driver shall use alcohol while performing safety-sensitive functions. The City of Aurora, having actual knowledge that a driver is using alcohol while performing safety-sensitive functions, shall not permit the driver to perform or continue to perform safety-sensitive functions.
      (4)   Pre-duty use: No driver shall perform safety-sensitive functions within four hours after using alcohol. The City of Aurora, having actual knowledge that such a driver has used alcohol within four hours, shall not permit a driver to perform or continue to perform or continue to perform safety-sensitive functions.
      (5)   Use following an accident: No driver required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
      (6)   Return-to-duty testing: All supervisors shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited under this policy concerning alcohol and/or controlled substances, the driver shall undergo a return-to-duty alcohol/drug test(s) with a result indicating an alcohol concentration of less than 0.02 and/or a negative drug test.
      (7)   No driver tested who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for the City of Aurora, including driving a commercial motor vehicle, nor shall the City of Aurora permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test with a negative result.       
      (8)   Each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use shall be evaluated by a SAP. The evaluation will determine if the driver is in need of a rehabilitation program and will prescribe the specific rehabilitation program to be utilized by the driver.
      (9)   Each driver shall be subject to unannounced follow-up alcohol and controlled substance tests administered by the City of Aurora following the driver's return to duty. The number and frequency of such follow-up testing shall be directed by the SAP, and consist of at least six (6) tests in the first 12 months following the driver's return to duty. The City of Aurora may direct the driver to undergo return-to-duty and follow-up testing for both alcohol and controlled substances, if the SAP determines that return-to-duty and follow-up testing for both alcohol and controlled substances is necessary for that particular driver.  Follow-up testing shall not exceed 60 months from the date of the driver's return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines that such testing is no longer necessary.
   (c)   Disqualification of Driving Privileges:
      (1)   A driver who is convicted of a disqualifying offense shall be disqualified for a period of time specified by DOT guidelines if the offense was committed while operating a commercial motor vehicle.
      (2)   The disqualifying offenses are:
         A.   Driving the commercial vehicle while under the influence of alcohol. This shall include:
            1.   Driving a commercial motor vehicle while the person's alcohol concentration is 0.04 percent or greater.
            2.   Driving under the influence of alcohol, as prescribed by State Law.
            3.   Refusal to undergo such testing as is required by any State or Jurisdiction.
            4.   Driving a commercial vehicle while under the influence of a controlled substance.
         B.   Leaving the scene of an accident involving a commercial motor vehicle.
         C.   Commission of a Felony involving the use of a commercial motor vehicle.
         D.   The use of a commercial motor vehicle in the commission of a felony involving manufacturing, distributing or dispensing a controlled substance.
         E.   Driver has been involved in a fatal accident and tested positive.
   (d)   Disqualification Penalties:  Violations of these rules and other rules stipulated by the DOT guidelines start with First Offenders being disqualified for a period of one year.
(Ord. 1995-215. Passed 12-18-95.)