(A) Each holder of a certificate of public convenience and necessity shall maintain a mandatory controlled substance and alcohol testing certification program consistent with the controlled substances and alcohol use and testing requirements of 49 CFR Part 40 for all drivers of vehicles operated under the certificate. Under the program and the requirements of this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02%. The program shall contain requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements conforming substantially to 49 CFR Part 382.
(B) No certificate of public convenience and necessity shall be issued or renewed unless the holder at the time of certificate issuance or renewal files with the City Manager or his or her designee a certification that the holder maintains a mandatory controlled substance and alcohol testing certification program consistent with the controlled substances and alcohol use and testing requirements of 49 CFR Part 40 for all drivers of vehicles operated under the certificate. Records of testing shall be maintained by the holder of the certificate for a period of three years and produced upon demand by the City Manager or his or her designee. The program shall contain requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements conforming substantially to 49 CFR Part 382.
(C) No certificate of public convenience and necessity shall be issued or renewed unless the holder at the time of certificate issuance or renewal files with the City Manager or his or her designee a certification that, prior to employment with the holder of a certificate of public convenience and necessity, each driver of vehicles operated under the certificate has tested negatively for controlled substances under a mandatory controlled substance testing certification program consistent with the controlled substances and alcohol use and testing requirements of 49 CFR Part 40.
(D) No certificate of public convenience and necessity shall be issued or renewed unless the holder at the time of certificate issuance or renewal shall file with the City Manager or his or her designee a certification that each driver of vehicles operated under the certificate has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program consistent with the controlled substances and alcohol use and testing requirements of 49 CFR Part 40.
(E) No driver's permit shall be issued or renewed unless the applicant and the certificate holder for which the driver is authorized to operate a vehicle both certify that the driver is in compliance with a mandatory controlled substance and alcohol testing certification program consistent with the controlled substances and alcohol use and testing requirements of 49 CFR Part 40.
(Ord. 653-C.S., passed 2-5-02)