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73 <br /> <br />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 <br />special tools or parts, tire disablement without other damage even if no spare tire is available, <br />headlight or tail light damage or damage to turn signals, horn or windshield wipers which make <br />them inoperative. 49 C.F.R. § 382.107. <br /> <br />Driver: <br />Means any person who operates a commercial motor vehicle. This includes, but is not limited to <br />full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers <br />and independent owner-operator contractors who are either directly employed by or under <br />lease to the City or who operate a commercial motor vehicle at the direction of or with the <br />consent of the City. For purposes of pre-employment testing, the term driver includes a person <br />applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. <br /> <br />Drug: <br />Has the same meaning as “controlled substance.” <br /> <br />Employee seeking a transfer: <br />Refers to an employee who is not subject to DOT regulations seeking a transfer to a position <br />that will subject them to DOT regulations in the sought after position. <br /> <br />Evidential Breath Testing Device or EBT: <br />Means a device approved by the National Highway Traffic Safety Administration (“NHTSA”) for <br />the evidential testing of breath and placed on NHTSA’s “Conforming Products List of Evidential <br />Breath Measurement Devices.” 49 C.F.R. § 40.3. <br /> <br />Federal Motor Carrier Safety Administration or FMCSA: <br />Means the Federal Motor Carrier Safety Administration of the United States Department of <br />Transportation. <br /> <br />Medical Review Officer or MRO: <br />Means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving <br />laboratory results generated by a controlled substance testing program who has knowledge of <br />substance abuse disorders and has appropriate medical training to interpret and evaluate an <br />individual’s confirmed positive test result together with his or her medical history and any other <br />relevant biomedical information. 49 C.F.R. § 40.3 <br /> <br />Performing (a Safety-Sensitive Function): <br />Means any period in which a driver is actually performing, ready to perform, or immediately <br />available to perform any safety-sensitive functions. 49 C.F.R. § 382.107. <br /> <br />Positive Test Result: <br />Means a finding of the presence of alcohol or controlled substance, or their metabolites, in the <br />sample tested in levels at or above the threshold detection levels established by applicable law. <br />115