For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl and isopropyl alcohol.
Alcohol-Testing Policy. Any policy, whether established by any federal, State, or city statute, ordinance, rule, regulation, or administrative directive, or by an applicable collective bargaining agreement, under which a city officer or employee may be tested for the presence of alcohol in the officer’s or employee’s system.
CFR. The Code of Federal Regulations.
Commercial Motor Vehicle. A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1) Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds);
(2) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds);
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the federal statutes on the transportation of hazardous materials, Public Law 103-272, July 5, 1994, 108 Statutes at Large 759, as amended, codified at 49 USC Chapter 51, and that require the motor vehicle to be placarded under the federal Hazardous Materials Regulations (49 CFR Part 172, Subpart F).
Controlled Substances Act. Public Law 91-513, October 27, 1970, 84 Statutes at Large 1236, Titles 2 and 16, as amended, codified at 21 USC §§ 801 et seq.
Driver. Any person who operates a commercial motor vehicle. This includes but is not limited to:
(1) Full-time, regularly employed drivers;
(2) Casual, intermittent, or occasional drivers; and
(3) Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the city or who operate a commercial motor vehicle at the direction of or with the consent of the city.
Drug. Any controlled substance, including marijuana, cocaine, any opiate, any amphetamine, and phencyclidine, identified in the federal Controlled Substances Act, as amended.
Drug-Testing Policy. Any policy, whether established by any federal, State, or city statute, ordinance, rule, regulation, or administrative directive, or by an applicable collective bargaining agreement, under which a city officer or employee may be tested for the presence of any particular drug or class of drugs in the officer’s or employee’s system.
Employee. Has the same meaning as defined in § 1-4.1, provided the term shall also include any person meeting the definition of “driver” in this section.
Officer. Has the same meaning as defined in § 1-4.1.
Reasonable Suspicion Test. A test for the presence of alcohol or drugs, or both, in an officer’s or employee’s system, which test may be required by a management or supervisory officer or employee under the city’s alcohol-testing policy, the city’s drug-testing policy, or both, as applicable, based on a specific, contemporaneous, and articulable observation of the appearance, behavior, speech, or body odor of the tested officer or employee leading to a reasonable suspicion of alcohol misuse or drug use.
Safety-Sensitive Functions. Include:
(1) All time at a city or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the city;
(2) All time inspecting equipment as required by 49 CFR §§ 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time, other than driving time, in or upon any commercial motor vehicle, except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 CFR § 393.76);
(5) All time loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading of a commercial motor vehicle, attending such a vehicle being loaded or unloaded, remaining in readiness to operate such a vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle.
(1990 Code, Ch. 1, Art. 20, § 1-20.1) (Added by Ord. 97-70)