Mr. Gary Watson
Rideshare Coordinator
6754 Broad Street
Douglasville, GA 30134

Dear Mr. Watson:

Thank you for your letter of January 25, 1996, in which you request clarification regarding whether your van pool drivers are subject to FTA's drug and alcohol testing requirements.

The FTA's drug and alcohol testing regulations apply to "covered employees" who operate or maintain revenue service vehicles or who, in operating non-revenue service vehicles, are required to have a Commercial Driver's License (CDL). 49 CFR 653.7, 654.7. Since van pool service is not revenue service, employees who drive or maintain the vans would not be considered covered employees so long as the vans are not commercial vehicles requiring CDL's for their operation.

I trust this responds to your inquiry. Please contact Nancy Zaczek or Kristin O'Grady of this office if you have further questions; they can be reached at (202) 366-4011.

Very truly yours,
(Signed)
Berle M. Schiller
Chief Counsel