Mr. Harry Saporta
Manager, System Safety Programs
Tri-County Metropolitan Transportation
District of Oregon
4012 S.E. 17th Avenue
Portland, Oregon 97202

Dear Mr. Saporta:

Thank you for your April 16, 1999, letter in which you seek clarification of the Federal Transit Administration’s (FTA) drug and alcohol testing regulations. 49 CFR Parts 653 and 654. You ask in particular whether entities performing maintenance work for taxicab companies that incidentally provide public transit service are subject to the rules. You note that all maintenance work for the taxicab company with which Tri-Met contracts is performed by a host of automotive businesses.

Prior to and since the effective date of the drug and alcohol testing rules (i.e., March 17, 1994), FTA has realized that taxis play a certain role in transit, and has, in limited cases, regulated cabs that provide transit service. The rules themselves, though, are generally directed toward entities whose primary purpose is public transit.

While FTA will continue to require drug and alcohol testing for taxicab operators that contract with grantees to perform certain services, we believe the relationship between the Federal drug and alcohol testing regulations and the local automotive businesses servicing those cabs is too attenuated. Therefore, the rules do not apply to local maintenance personnel working for taxicab companies where the primary purpose of the taxicab company is not public transit service.

If you have additional questions, please contact Michael Connelly of my staff at (202) 366-4011.

Very truly yours,
(Signed)
Patrick W. Reilly
Chief Counsel