Preserving Safety in Public Transit with FTA Drug and Alcohol Testing

TNCs are permitted to provide all forms of public transit service (including paratransit, microtransit, and other on-demand services) as long as they agree to meet the same drug and alcohol testing rules as other public agencies and private companies who provide public transportation. Furthermore, the FTA allows an exception for providers (including taxicab companies and TNCs – i.e. the “Taxicab exception”), which applies when there is no contractual relationship with a transit agency, and where riders can choose their own provider without any influence from the transit agency. Finally, there are multiple TNCs who meet the drug and alcohol testing requirements.

These rules are not new. The FTA has required drug and alcohol testing for transit agencies, providers, and other organizations that provide all forms of public transit since 1991. The only thing that is changing is that the FTA is confirming that TNCs who provide public transit must also meet these long-standing rules.

The FTA has always required public agencies and private companies who operate public transit to meet federal drug and alcohol testing requirements. It’s common sense. The FTA’s proposed policy statement simply points out that when a TNC provides public transit, it is also covered – just like everyone else.

TNCs have and do meet the FTA drug and alcohol testing requirements, UZURV is one of them. Some choose not to, but that is a choice made by the business.

TNCs have two options for meeting the requirements, both of which are straightforward and feasible. One option is for a TNC to require all of its drivers to meet FTA drug and alcohol testing rules. The second option is that TNCs can create a pool of drivers who meet the requirements. Once met, this pool of drivers would be available to provide public transportation services. This approach is similar to driver pools that many TNCs use for operating services that cater to people who need larger vehicles, people who want a luxury/black car experience, and people wishing to travel with their pets.

Although some TNCs may choose not to meet the FTA’s long-standing drug and alcohol testing requirements, there are other TNCs (including UZURV) who already meet them. Thus, there is no need for mobility programs to be impacted by the FTA’s long-standing policy that all public transit services are provided by safety-sensitive personnel who are not impaired by drugs or alcohol.

The FTA’s proposed policy statement will not force local transit agencies to discontinue use of TNCs. The FTA is simply reminding transit agencies that if they wish to partner with TNCs, participating TNCs must meet the same drug and alcohol testing requirements as any other public transportation provider. In fact, the FTA provides guidance on how TNCs can meet drug and alcohol testing requirements, thereby ensuring that these TNC-operated programs can continue, without putting rider or public safety at risk.

When the taxicab exception was created it was well before current technology that allows for automation with human oversight that greatly reduces the cost and time it takes to screen drivers and manage a compliant program. UZURV and others do this year-round across the country with a driver network that completes millions of rides every year – and costs much less on average per trip than traditional paratransit.

Transit agencies can choose to onboard TNCs and other providers that meet public transit safety requirements, including drug and alcohol screening, door-to-door service, no service animal denials, app or phone scheduling, and cash or voucher payments.

Although we should never put a price on safety, the incremental cost of meeting the FTA’s requirements is relatively small. TransPro, a 3rd-party transit consultancy compared UZURV pricing against more than 4.6 million paratransit trips and found that UZURV trips on average were 30% cheaper and the average per mile cost was 46% less than traditional paratransit.

UZURV is one of several TNCs with FTA-compliant drivers, and we alone provided multiple millions of trips in 2024. Our clients include 25 transit agencies in 15 states and the District of Columbia all across the country, including 5 of the largest 10 paratransit programs by annual trip volume. We do so with 97%+ On-time Performance (within a 15-minute window) and 98% rider satisfaction.

Secretary of Transportation Sean Duffy has been clear that safety is a fundamental principle of America’s transportation systems. Safety in transportation is a bi-partisan issue, with full support across aisles. The FTA clarification submitted with the proposed policy statement originated at the request of multiple transit agencies seeking guidance on the application of the original law and guidance to TNCs. Appropriate adherence to drug and alcohol testing requirements across all modes of service is a requirement of the law. With the proposed policy statement, the FTA went back to the original intent of the law, going so far as to transparently note a mistake that was made in past guidance, and spelled out its recommended answer. TNCs being subject to the same drug and alcohol testing requirements as all other modes of service in public transportation is common sense. Suggesting that the proposed policy statement is the result of a partisan political agenda or bureaucratic overreach is inconsistent with the basic truth of longstanding, bi-partisan policy on public safety and the new administration’s stated priority on public safety.