CABBIES MAY FACE DRUG TESTS

Aldermanic Panel Unanimously Endorses Random Testing Program

NASHUA AD An aldermanic committee has endorsed legislation that would
subject local taxi drivers to random drug testing, which would be
conducted at the police department.

Under the measure endorsed by the aldermanic Personnel and
Administrative Affairs Committee last week, the license fees for taxi
drivers would be increased from $50 to $80, and a portion of that
money would be used to pay for drug testing, officials said.

According to City Clerk Paul Bergeron, the proposal is modeled on an
ordinance passed in Manchester in 1995, when he was the deputy city
clerk there.

The proposed ordinance would set a zero-tolerance policy for substance
abuse among local cab drivers.

"It is the policy of the city that its licensed drivers of taxicabs
shall not be substance abusers," the ordinance states. "The abuse of
alcohol or the use of illegal drugs reduces awareness and increases
the potential for accidents.

"Substance abuse thereby increases the risk of injury to fares and
citizens of the city and risk of damage to public and private property."

Under the measure, all people who apply for a license to drive a cab
would have to submit to urinalysis "as evidence that he or she does
not use illegal drugs." Random tests also would be ordered by the city
for drivers, who would have to be tested on short notice, Bergeron
told the committee.

The proposed legislation states: "All licensees will be included in a
random selection system. This shall provide an equal chance for each
licensee to be selected for each random testing. Accordingly, a
particular licensee may be selected for successive tests or may not be
selected at all throughout the year. The city shall annually test 50
percent of its licensees for drugs and 25 percent of its licensees for
alcohol."

Previous proposals called for cab drivers to pay for the drug tests
themselves, but many can't afford the cost, Bergeron said.

Under the new legislation, all testing will be paid for by the city.
But if a driver flunks and wants a second analysis, he or she will
have to pay for it, along with any associated fees for counseling,
treatment or rehabilitation, Bergeron said.

The ordinance states that drivers will be tested for alcohol,
amphetamines, cocaine, marijuana, opiates and PCP, though the city
reserves the right to expand the list of substances it tests for at
any time. When it comes to alcohol, the city is only seeking to make
sure drivers aren't drinking on the job, officials said.

Flunking or refusing the test would result in a loss of license for
the driver, but drivers who seek counseling and treatment could "get
back into the business if they clean up their use," Bergeron said.

The committee was impressed with the proposal and unanimously endorsed
it. The ordinance still needs approval from the full Board of Aldermen.

"The city staff spent an enormous amount of time on this and the
police department supports it wholeheartedly," said Alderman-at-Large
Jim Tollner, who chairs the committee.

There were no representatives of local cab companies at the meeting,
but resident Frank Henry said he saw the proposal as an infringement
on the constitutional rights of drivers.

Ward 1 Alderman Kevin McAfee disagreed.

"There is no constitutional right to drive a vehicle," McAfee said.
"It doesn't exist."