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.

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.

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.

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.

Lyft, Inc. opposes the proposed policy, arguing that it fails to account for the unique operating model of transportation network companies (TNCs) and would hinder transit agencies' ability to provide cost-effective, flexible mobility options. The company advocates for a policy that recognizes their existing safety protocols and software-based business model rather than requiring a dedicated fleet-like drug and alcohol testing program.

The Tennessee Public Transportation Association (TPTA) urges the FTA to withdraw the proposed policy regarding drug and alcohol testing for Transportation Network Companies. They argue that the proposal lacks supporting data, contradicts existing precedents, and would negatively impact cost-effective transit services in Tennessee.

The Amalgamated Transit Union (ATU) supports the FTA's proposed guidance to require drug and alcohol testing for transportation network company (TNC) operators who contract with transit agencies. They argue that this is a necessary safety measure, aligns with existing law, and prevents transit agencies from choosing TNCs over traditional transit services based on lower compliance costs.

The American Public Transportation Association (APTA) urges the FTA to withdraw the proposed policy statement because it would disrupt existing transit agency mobility programs and "unwind years of precedent" regarding the Taxicab Exception. They argue that the proposal was issued without adequate industry consultation and request a stakeholder forum to discuss the potential impacts on public transit services and riders.

The Transportation Trades Department, AFL-CIO (TTD), a coalition of 37 labor unions, supports the FTA's proposal to require drug and alcohol testing for transportation network companies (TNCs). They argue that because TNCs are increasingly replacing or supplementing public transit services, they should be held to the same safety standards as transit operators to ensure passenger safety.

Uber Technologies, Inc. opposes the FTA's proposed policy to revise the taxicab exception for drug and alcohol testing, arguing it exceeds statutory authority and lacks legal justification. The company contends that the proposal will impose unnecessary financial and operational burdens, create driver shortages, and ultimately reduce transportation access for underserved communities.