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08-26-2024 CC Agenda Packet
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08-26-2024 CC Agenda Packet
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Page 137 of 150 <br />B. Alcohol Concentration (or Content): The alcohol on a volume of breath expressed in <br />terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 49 <br />C.F.R. § 382.107. <br />C. Alcohol Use: The consumption of any beverage, mixture, or preparation, including any <br />medication, containing alcohol. 49 C.F.R. § 382.107. <br />D. Applicant: Means a person applying to drive a commercial motor vehicle. 49 C.F.R. § <br />382.107. <br />E. Breath Alcohol Technician or BAT: An individual who instructs and assists individuals <br />in the alcohol testing process and operates an evidential breath testing device (EBT). 49 C.F.R. § <br />40.3. <br />F. City: City of Orono. <br />G. City Premises: All job sites, facilities, offices, buildings, structures, equipment, vehicles <br />and parking areas, whether owned, leased, used or under the control of the City. <br />H. Collection Site: A place designated by the City where drivers present themselves for the <br />purpose of providing a specimen of their urine or breath to be analyzed for the presence of alcohol <br />or controlled substances. 49 C.F.R. § 40.3. <br />I. Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles used in <br />commerce to transport passengers or property if the motor vehicle (1) has a gross combination <br />weight rating or gross combination weight of 26,001 or more pounds, whoever is greater, inclusive <br />of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 <br />pounds, whichever is greater; or (2) has a gross vehicle weight rating or gross vehicle weight of <br />26,001 or more pounds, whichever is greater; or (3) is designed to transport sixteen (16) or more <br />passengers, including the driver; or (4) is of any size and is used in the transportation of materials <br />found to be in the transportation of materials found to be hazardous for the purposes of the <br />Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle <br />to be placarded under the Hazardous Materials Regulation. (49 C.F.R. part 172, subpart F) § <br />382.107. <br />(1) Fire trucks and other emergency fire equipment are not considered to be <br />commercial vehicles under this policy. <br />J. Confirmation (or Confirmatory) Test: For alcohol testing means a second test, following <br />a positive non-evidential test, following a positive non-evidential (e.g., saliva) screening test or a <br />breath alcohol screening test with the result of 0.02 or greater, that provides quantitative data of <br />alcohol concentration. For controlled substance testing, “Confirmation (or Confirmatory) Test” <br />means a second analytical procedure to identify the presence of a specific controlled substance or <br />metabolite which is independent of the screen test and which uses a different technique and <br />chemical principal from that of the screen test in order to ensure reliability and accuracy. 49 C.F.R. <br />§ 382.107. <br />K. Controlled Substance: Those substances identified in 49 C.F.R. § 40.85. Marijuana, <br />amphetamines, opioids, (including heroin), phencyclidine (PCP), cocaine, and any of their <br />metabolites are included within this definition. 49 (C.F.R. § 382.107; 49 C.F.R. § 40.85. <br />L. Department of Transportation or DOT: The United States Department of <br />Transportation. <br />M. DHHS: The Department of Health & Human Services or any designee of the Secretary, <br />Department of Health & Human Services. 49 C.F.R. § 40.3. <br />N. Disabling Damage: Damage which precludes departure of a motor vehicle from the scene <br />of the accident in its usual manner in daylight after simple repairs, including damage to motor <br />vehicles that could have been driven, but would have been further damaged if so driven. <br />196
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