Ms. Pat Reid
Finance Administrator
Winston-Salem Transit Authority
Post Office Box 2511
Winston Salem, North Carolina 27102

Dear Mr. Reid:

Thank you for your letter asking about the application of the Federal Transit Administration's (FTA) drug and alcohol testing regulations to volunteer van pool drivers. 59 FR 7531 (1994) (to be codified at 49 CFR Parts 653 and 654). Those rules require that a recipient of funds under FTA's discretionary capital grant program, formula grant programs for urbanized and nonurbanized areas, or interstate transfer program, implement a program requiring safety-sensitive employees to be tested for five controlled substances and for the misuse of alcohol. Large transit operators must implement the drug and alcohol rules beginning on January 1, 1995, while small transit operators must begin implementation on January 1, 1996.

The FTA has determined that its drug and alcohol testing regulations do not apply to a volunteer who acts as a driver for van pool programs operated by recipients of FTA funds unless the driver is required to hold a Commercial Driver's License for such purpose. Enclosed is a copy of that ruling for your information.

I trust this is responsive to your inquiry. Please feel free to call me at (202) 366-4011, if you have any questions about this matter.

Sincerely,
(Signed)
Daniel Duff
Assistant Chief Counsel for
Legislation and Rulemaking

Enclosure