USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Site Notification

Site Notification

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

5310 Funding Frequently Asked Questions

Q: Do FTA drug and alcohol program rules apply to recipients and subrecipients that receive funds only from the Enhanced Mobility and Seniors & Individuals with Disabilities Program (49 U.S.C. § 5310) (Section 5310)?

A: No. Recipients or subrecipients that receive only Section 5310 assistance are not subject to FTA’s drug and alcohol program rules at 49 CFR Part 655.

However, such recipients and subrecipients may be required to comply with other drug and alcohol rules, such as the Federal Motor Carrier Safety Administration (FMCSA) rules, which cover employees required to hold a commercial driver’s license (49 CFR Part 382).

Q: Are recipients or subrecipients of Section 5310 funds receiving federal assistance under 49 U.S.C. §§ 5307, 5309, or 5311 required to comply with the FTA drug and alcohol program rules?

A: Yes. The FTA drug and alcohol program rules apply to recipients and subrecipients of the Urbanized Area Program (49 U.S.C. § 5307), Capital Investment Grants Program (49 U.S.C. § 5309), and Rural Area Program (49 U.S.C. § 5311) funds, as well as their contractors and subcontractors. Therefore, recipients and subrecipients of Section 5310 funding that also receive funding under one or more of the covered FTA programs (Section 5307, 5309, or 5311) must include any safety-sensitive employees funded under the Section 5310 program in their DOT/FTA testing program.

Employers do not need to create a separate testing program for employees funded under Section 5310.  Those employees may be included in the existing testing program.

Q: If the State or designated recipient of Section 5310 funds also is a direct recipient of Section 5307, Section 5309, or Section 5311 funds but provides only Section 5310 funds to a subrecipient, is the subrecipient covered by the FTA drug and alcohol rules?

A: No. Subrecipients that receive only Section 5310 assistance are not subject to FTA’s drug and alcohol program rules.

Q: Can a recipient of Section 5307, 5309, or 5311 funds separate the transportation services provided under Section 5310 from the transportation services funded by one of the other covered FTA programs so that the Section 5310 service is not subject to the FTA drug and alcohol program rules?

A: No. Because recipients and subrecipients of assistance under FTA's Section 5307, 5309, and 5311 grant programs are covered by the FTA drug and alcohol program rules, all operations, including those funded under Section 5310, are subject to FTA drug and alcohol program rules.

Employers don’t need to create a separate testing program for employees funded under Section 5310.  Those employees may be included in the existing testing program.
 

Last updated: Monday, March 28, 2022