§ 2-1713. Qualifications of city commercial motor vehicle operators.

(a)

Application of section. This section shall apply to every employee of the city who holds or is required to hold a commercial driver's license during the scope of the employee's employment with the city or whose function or duty is to regularly operate or drive commercial motor vehicles during the scope of employment with the city. This section shall not apply to private employers or private commercial motor carriers.

(b)

Purpose. The purpose of this section is to implement the state Uniform Commercial Driver's License Act (O.C.G.A. § 40-5-140 et seq.) and the federal Commercial Motor Vehicle Safety Act of 1986, title XII of Public Law 99-570, as amended. This section is designed to reduce or prevent accidents, fatalities and injuries involving commercial motor vehicles driven by city employees. This section is a remedial law and shall be liberally construed to promote the public health, safety and welfare of the citizens and employees of the city.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Commercial driver's license (CDL) means a license issued in accordance with the requirements of the state Uniform Commercial Driver's License Act (O.C.G.A. § 40-5-140 et seq.), which authorizes an individual to drive a class of commercial motor vehicle.

Commercial motor vehicle means a motor vehicle designed to transport passengers or property if the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulations or if the vehicle otherwise meets the requirements of the state Uniform Commercial Driver's License Act, as amended.

(d)

Requirements for issuance of commercial driver's license for city employees.

(1)

No employee may be issued a commercial driver's license unless that person complies with the provisions of the state Uniform Commercial Driver's License Act (O.C.G.A. § 40-5-140 et seq.), is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 CFR 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation, as amended.

(2)

In addition to satisfying a road test or knowledge and skills test, as required by state and federal law, every city employee who holds or is required to hold a commercial driver's license during the scope of employment with the city shall submit to a physical examination which shall be administered by a city-authorized licensed physician. This physical examination shall include a screen for drugs or other substances as defined in subsections (2), (3) and (4) of the definition of substances in section 114-567. A positive test result for these substances shall constitute cause for which disciplinary action may be imposed, up to and including dismissal. The physical examination may be performed in accordance with the minimum federal regulations as set forth in 49 CFR 391, as amended.

(3)

Every city employee who holds or is required to hold a commercial driver's license during the scope of employment with the city shall be given 24 hours' written notice before the date of the physical examination, which shall include the screen for drugs or other substances as outlined in subsection (d)(2) of this section. An employee who refuses to be tested as scheduled under this section shall not be permitted to operate a commercial motor vehicle, and the refusal shall constitute cause for which disciplinary action may be imposed, up to and including dismissal.

(4)

A city employee is physically qualified to receive a commercial driver's license if that person:

a.

Has no loss, impairment or limitation of a limb or body part which interferes with the employee's ability to perform normal tasks associated with controlling and operating a motor vehicle;

b.

Has no established medical history or clinical diagnosis of a disease, condition or disorder, including but not limited to alcoholism, likely to interfere with the employee's ability to control and operate a motor vehicle; and

c.

Tests negative for drugs or other substances as defined in subsections (2), (3) and (4) of the definition of substances in section 114-567.

(e)

General qualifications to physically operate commercial motor vehicles.

(1)

Notwithstanding any other section of this article, no city employee may drive, operate or be in physical control of a city commercial motor vehicle while having any measurable alcohol in the employee's system or while the employee is under the influence of drugs or any other substances as defined in section 114-567 of the city's substance abuse policy.

(2)

Any city employee who drives, operates or is in physical control of a city commercial motor vehicle while having any measurable alcohol in the employee's system or while under the influence of drugs or any other substances as defined in section 114-567 of the city's substance abuse policy shall be subject to disciplinary action, up to and including dismissal.

(3)

Once every two years, every city employee who holds or is required to hold a commercial driver's license during the scope of employment with city shall submit to a physical examination, which shall be administered by a city-authorized licensed physician. This physical examination shall include a screen for drugs or other substances as defined in subsections (2), (3) and (4) of the definition of substances in section 114-567. The physical examination may be performed in accordance with the minimum federal regulations as set forth in 49 CFR 391, as amended. A positive test result for these substances shall constitute cause for which disciplinary action may be imposed, up to and including dismissal.

(4)

Every city employee who holds or is required to hold a commercial driver's license during the scope of employment with the city shall be given 24 hours' written notice before the date of the physical examination, which shall include the screen for drugs or other substances as outlined above in subsection (d)(3) of this section. An employee who refuses to be tested as scheduled under this subsection shall not be permitted to operate a commercial motor vehicle, and the refusal shall constitute cause for which disciplinary action may be imposed, up to and including dismissal.

(5)

A city employee is physically qualified to drive or operate a commercial motor vehicle if that person:

a.

Has no loss, impairment or limitation of a limb or body part which interferes with the employee's ability to perform normal tasks associated with controlling and operating a motor vehicle;

b.

Has no established medical history or clinical diagnosis of a disease, condition or disorder, including but not limited to alcoholism, likely to interfere with the employee's ability to control and operate a motor vehicle; and

c.

Has no measurable alcohol in the employee's system nor is the employee under the influence of drugs or any other substances as defined in section 114-567 of the city's substance abuse policy.

(6)

All city commercial motor vehicle operators shall be subject to the driver disqualification rules as outlined by state law. Any driver or operator who is disqualified shall not knowingly be permitted by a supervisor to drive a city commercial motor vehicle.

(Code 1977, § 5-4016.1)