Guidance: Policy Statement; Applicability of Drug and Alcohol Testing Program to Transportation Network Companies

The Transportation Alliance, a national trade association representing passenger transportation providers, urges the FTA to maintain existing drug and alcohol testing requirements for drivers. They argue that these standards are essential for passenger safety and that claims that such requirements reduce transportation access are unsupported by evidence.

A consortium of transit agencies and disability rights advocacy groups is requesting updated guidance on the applicability of drug and alcohol testing programs to Transportation Network Companies (TNCs). They argue that the current 2001 framework is outdated and creates uncertainty, and they seek practical adjustments to allow for more flexible, technology-driven paratransit options for people with disabilities.

Spare, a transportation technology company, opposes the proposed policy change because it would impose unreasonable compliance burdens on Transportation Network Companies (TNCs). The company argues that the rule would eliminate cost-effective services, increase costs for transit agencies, and reduce service availability for paratransit riders.

The Southeastern Pennsylvania Transportation Authority (SEPTA) opposes the proposed policy statement because it could make contracting with Transportation Network Companies (TNCs) for paratransit and on-demand services more costly and impractical. They argue that the regulatory re-interpretation would reverse a decade of transit policy and strip away a vital tool for addressing current labor and staffing shortages.

Representatives from Wheeling Forward and the NYC Chapter of United Spinal Association are opposing the FTA's proposed guidance, which they argue would prohibit transit agencies from partnering with Transportation Network Companies (TNCs) like Uber and Lyft for paratransit services. They contend that the proposed drug and alcohol testing requirements are disproportionate, stifle innovation, and limit mobility and choice for the disability community.

The commenter supports the FTA's clarification that transit agencies cannot use the "taxicab exemption" to bypass drug and alcohol testing requirements for contracted transportation providers. They argue that the move ensures public safety by holding all providers to existing federal standards and that compliant operators will continue to provide service.

Via, a transit technology company, supports the FTA's proposal to require drug and alcohol testing for Transportation Network Companies (TNCs) providing transit trips. They argue that the testing is legally required, practically feasible at a low cost, and essential for ensuring public safety.

Pace Suburban Bus, a public transit agency, opposes the proposed policy because it would eliminate user-side subsidy programs that allow paratransit riders to use taxis and transportation network companies (TNCs). They argue that the policy would reduce mobility for riders, limit access to essential services, and stifle transit innovation.

Spare, a technology company providing transit solutions, strongly opposes the proposed policy change that would remove TNCs from the taxicab exemption for drug and alcohol testing. They argue that the proposal is based on a misunderstanding of TNC technology, would increase costs for transit agencies, and would negatively impact riders by reducing service availability and increasing wait times.

SilverRide, a transportation network company (TNC) providing paratransit services, supports the requirement for drug and alcohol testing for all TNC providers. They argue that these standards are necessary to protect vulnerable populations and ensure public safety, noting that their company already implements these measures.