(a) Each holder of a certificate of public convenience and necessity shall maintain a mandatory controlled substance and alcohol testing certification program that:
(1) Conforms to Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, for all drivers of vehicles operated under the certificate; and
(2) Contains requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements conforming substantially to Part 382 of Title 49 of the Code of Federal Regulations;
(3) 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 percent.
(b) No certificate of public convenience and necessity shall be issued or renewed unless the holder at the time of certificate issuance or renewal:
(1) Files with the police department a certification that the holder maintains a mandatory controlled substance and alcohol testing certification program that complies with the requirements of subsection (a) of this section; and
(2) Files with the police department 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 conforming to Part 40 (commencing with Section 40.1)of Title 49 of the Code of Federal Regulations; and
(3) Files with the police department 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 conforming to Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations.
(c) 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 conforming to Part 40 of Title 49 of the Code of Federal Regulations.
(d) Any negative test result from another jurisdiction shall be accepted for one year as meeting the requirement for certificate renewal subsection (b) of this section if the driver has not tested positive subsequent to a negative result.
(e) All test results are confidential and shall not be released without consent of the driver, except as authorized or required by law.
(f) No evidence derived from a positive test result pursuant to this section shall be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
(g) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of this program with regard to themselves. Employing certificate holders shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that a certificate holder may require employees who test positive to pay the costs of rehabilitation and return-to-duty and follow up testing.
(h) Upon request, the city shall give certificate holders and potential certificate holders a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city knows offers tests in or near the city.
(Ord. 5454 § 2 (part), 2018: Ord. 4341 § 2, 1996)