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3. Are designed to transport 16 or more passengers, including the driver; or <br />4. Are of any size and are used in the transportation of materials found to be hazardous for <br />the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and <br />which require the motor vehicle to be placarded under the Hazardous Materials <br />Regulations (49 CFR part 172, subpart F). <br />City firefighters are not covered under this DOT policy. The Federal Highway Administration <br />(FHWA) has granted states the option of waiving CDL requirements for firefighters. Since the <br />state of Minnesota is one that gives firefighters the option of obtaining either a CDL or a non- <br />commercial license, the state has exercised the option not to require CDLs. Therefore, 49 CFR <br />Part 382 is not applicable to City firefighters. <br />The following functions are considered safety -sensitive: <br />• all time waiting to be dispatched to drive a commercial motor vehicle <br />• all time inspecting, servicing, or conditioning a commercial motor vehicle <br />• all time driving at the controls of the commercial motor vehicle <br />• all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper <br />berth) <br />• all time loading or unloading a commercial motor vehicle, attending the same, giving or <br />receiving receipts for shipments being loaded or unloaded, or remaining in readiness to <br />operate the vehicle <br />• all time repairing, obtaining assistance, or attending to a disabled commercial motor vehicle. <br />The City may test any applicant to whom a conditional offer of employment has been made and <br />any driver for controlled substance and alcohol under any of the following circumstances: <br />Pre -Employment Testing. <br />All applicants, including current employees seeking a transfer, applying for a position where <br />duties include performing safety -sensitive duties described above, will be required to take a drug <br />test prior to the first time a driver performs a safety -sensitive function for the City. A driver may <br />not perform safety -sensitive functions unless the driver has received a controlled substance test <br />result from the Medical Review Officer ("MRO") indicating a verified negative test result. <br />Post -Accident Testing. <br />As soon as practicable following an accident involving a commercial motor vehicle operating on <br />a public road or on any public property, the City will test each surviving driver for controlled <br />substances and alcohol when the accident involves a fatality or the driver receives a citation for <br />a moving traffic violation from the accident. <br />City of Hugo Adopted <br />DOT Drug and Alcohol Testing for Commercial Drivers Page 3 <br />