Op-Ed: When did an exception become an exemption? The alarming and rapid expansion of public transportation trips by operators who are not drug and alcohol tested

With over 25 years in the transportation industry, my career has taken me from a taxi manager, transit contractor general manager and director of business development to positions with public agencies, including the senior operations executive for a large statewide transit agency. Like many of you, Federal Transit Administration (FTA) compliance has and is an integral part of my entire career. This is still true even now as an executive vice president at UZURV, a transportation network company (TNC) that provided millions of rides to public transit during 2024 while operating a fully FTA-compliant drug and alcohol testing program. 

The recent FTA notice of the proposed policy statement on the applicability of drug and alcohol testing for TNCs under the taxicab exception brings to light some critical safety issues in the use of TNCs. The proposed policy statement seeks to reinforce the original intent of the taxicab exception and prevent the expansion of a limited exception into a blanket exemption for TNCs. Without the proposed clarification, thousands of drivers might bypass FTA drug and alcohol testing requirements, which we have all seen are vital for protecting passengers. 

The breadth of FTA compliance 

FTA drug testing rules cover everyone in safety-sensitive roles from fuelers, field supervisors and dispatchers to rail, paratransit and fixed-route operators. This includes all contractors, subcontractors and disadvantaged business enterprise providers in these functions. These measures are integral to transit safety protocols. There is one limited exception to FTA drug and alcohol testing requirements—the Omnibus Transportation Employee Testing Act. 

The Omnibus Transportation Employee Testing Act of 1991, 49 CFR part 655 (1991), states that the drug and alcohol testing rules apply when the transit provider enters a contract with one or more entities to provide taxi service. The restrictions do not apply when the patron selects the taxi company that provides the transit service. This policy recognizes the practical difficulty of administering a drug and alcohol testing program to entities that only incidentally provide taxi service on behalf of a public transit agency. “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” Federal Register Volume 66, Issue 154 (August 9, 2001).  

Safety disparity concerns 

The proposed policy statement seeks to keep the original taxicab exception limited as stated in the original rule. It seeks to ensure that TNCs providing transportation to federal transportation programs cannot bypass FTA drug testing at scale, which would introduce a safety disparity where passengers may be transported en masse by drivers that are not drug and alcohol tested. It seeks to avoid situations where riders may not know if their driver has been screened for drug and alcohol use. It does not shut the door on the taxicab exception but clarifies how the exception works. It even updates the guidance to allow for agency-contracted app scheduling and agency call centers and re-clarifies that taxis and TNCs can create pools of FTA-compliant drivers within their networks. 

• Impact on paratransit users: If we do not clarify whether the use of TNCs is subject to the same drug and alcohol testing requirements as all other providers in public transportation, with a strictly limited exception, then there’s a high probability that the number of federally funded trips for riders in public transit on TNCs not subject to drug and alcohol testing requirements will increase significantly. This shift will continue to disproportionally fall on riders who may unknowingly be transported by a driver not required to meet the minimum FTA standards. 
• Current FTA drug test violations: The December 2024 issue (#83) of the official FTA Drug and Alcohol Regulations Updates e-newsletter states that in 2023, for the first time, there were more than 10,000 drug test violations by FTA-covered employees. 
• Drug testing today: Advancements have made testing processes feasible to scale. 

Real-world implications 

The proposed policy statement aligns with the industry’s longstanding moral and ethical positions. Transit agencies and contractors take immense pride in our safety programs, performance, testing and training. Support for the proposed clarification of limited exception versus blanket exemption aligns with decades of industry efforts to focus on safety for all riders, especially when there are multiple providers completing millions of rides annually that provide the industry with the benefits of using TNCs without compromising on safety.  

The latest available FTA study and data shows a continued increase in drug test violations among individuals who know they are subject to mandatory testing. Allowing the limited exception to be interpreted as a blanket exemption for TNCs could create an increasingly large number of drivers not subject to drug and alcohol testing requirements and almost certainly result in a significant increase in unmonitored or potential violations. 

But make no mistake, this isn't just about compliance; it's about safety. The FTA created an exception 20-plus years ago because it “recognizes the practical difficulty of administering a drug and alcohol testing program to entities that only incidentally provide taxi service on behalf of a public transit”. The popularity among riders, the profound cost savings TNCs represent to agencies and the deliberate development of relationship and contractual TNC programs are such that now the scale of federally funded TNC trips are well above 10 million annually. Through technology and modernization, drug and alcohol testing programs are now fully scalable.  

I urge transit agencies, riders, advocates and those in leadership roles to consider this proposed policy statement and its direct relevance to safety.  

We must uphold uniform, minimum safety standards for all transportation services without unfairly exempting specific providers. This ensures that every passenger, particularly older adults and people with disabilities, can travel with confidence in their safety. It's not just about compliance; it's about living up to the safety commitments stated in our mission and vision statements.  

Let's keep safety a priority across all of transit service provisions.