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75 <br /> <br />Disabling Damage: Means damage which precludes departure of a motor vehicle from the scene of <br />the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles <br />that could have been driven, but would have been further damaged if so driven. Disabling damage does <br />not include damage which can be remedied temporarily at the scene of the accident without special <br />tools or parts, tire disablement without other damage even if no spare tire is available, headlight or tail <br />light damage or damage to turn signals, horn or windshield wipers which make them inoperative. 49 <br />C.F.R. § 382.107. <br /> <br />Driver: Means any person who operates a commercial motor vehicle. This includes, but is not limited <br />to full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and <br />independent owner-operator contractors who are either directly employed by or under lease to the City <br />or who operate a commercial motor vehicle at the direction of or with the consent of the City. For <br />purposes of pre-employment testing, the term driver includes a person applying to drive a commercial <br />motor vehicle. 49 C.F.R. § 382.107. <br /> <br />Drug: Has the same meaning as “controlled substance.” <br /> <br />Employee seeking a transfer: Refers to an employee who is not subject to DOT regulations seeking a <br />transfer to a position that will subject them to DOT regulations in the sought after position. <br /> <br />Evidential Breath Testing Device or EBT: Means a device approved by the National Highway <br />Traffic Safety Administration (“NHTSA”) for the evidential testing of breath and placed on NHTSA’s <br />“Conforming Products List of Evidential Breath Measurement Devices.” 49 C.F.R. § 40.3. <br /> <br />Federal Motor Carrier Safety Administration or FMCSA: Means the Federal Motor Carrier Safety <br />Administration of the United States Department of Transportation. <br /> <br />Medical Review Officer or MRO: Means a licensed physician (medical doctor or doctor of <br />osteopathy) responsible for receiving laboratory results generated by a controlled substance testing <br />program who has knowledge of substance abuse disorders and has appropriate medical training to <br />interpret and evaluate an individual’s confirmed positive test result together with his or her medical <br />history and any other relevant biomedical information. 49 C.F.R. § 40.3 <br /> <br />Performing (a Safety-Sensitive Function): Means any period in which a driver is actually <br />performing, ready to perform, or immediately available to perform any safety-sensitive functions. 49 <br />C.F.R. § 382.107. <br /> <br />Positive Test Result: Means a finding of the presence of alcohol or controlled substance, or their <br />metabolites, in the sample tested in levels at or above the threshold detection levels established by <br />applicable law. <br /> <br />Reasonable Suspicion: Means a belief a driver has engaged in conduct prohibited by the FMCSA <br />controlled substance and alcohol testing regulations, except when related solely to the possession of <br />alcohol, based on specific contemporaneous, articulable observations made by a supervisor or City <br />official who has received appropriate training concerning the appearance, behavior, speech or body <br />odors of the driver. The determination of reasonable suspicion will be made in writing on a Reasonable