HB278 By Representative Ford RFD Public Safety and Homeland Security Rd 1 12-MAR-15

SYNOPSIS: This bill would relate to railroad employee safety and would require certain contract carriers who transport operating employees of railroads in motor vehicles to comply with certain safety standards for any driver employed by the contract carrier.

A BILL TO BE ENTITLED AN ACT

Relating to railroads and certain contract carriers who transport operating employees of railroads in motor vehicles; to require a contract carrier to comply with certain safety standards for any driver employed by the contract carrier.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following terms shall have the following meanings:

(1) CONTRACT CARRIER. A common carrier who contracts to transport an operating employee of a railroad on a road or highway of this state in a motor vehicle designed to carry 15 or fewer passengers.

(2) ON-DUTY TIME. Time spent by a contract carrier driver at a terminal, facility, or other property of a contract carrier or on any public property waiting to be dispatched. On-duty time includes time spent inspecting, servicing, or conditioning the motor vehicle, unless the driver has been relieved from duty by the contract carrier.

(3) SERIOUS TRAFFIC VIOLATION. Any violation resulting in the driver's license or privilege to operate a motor vehicle being suspended or revoked by the Department of Public Safety, or other administrative agency if the suspension or revocation occurred in another state, or any violation in which a driver has been found guilty of any of the following:

a. Traffic offense related to intoxication.

b. Seat belt violation.

c. Commercial motor vehicle violation.

d. Driving 15 or more miles per hour over the speed limit.

e. Negligent homicide.

f. Using a vehicle to commit a felony.

g. Failure to maintain proof of financial responsibility as required by law.

h. Leaving the scene of an accident.

i. Evading arrest.

j. Fleeing by use of a motor vehicle.

k. Careless and imprudent driving.

l. Prohibited passing of another vehicle.

m. Passing a stopped school bus.

n. Failure to obey a traffic signal or device.

o. Failure to obey a railroad crossing barrier.

p. Driving with a suspended, revoked, or cancelled license.

q. Driving the wrong way down a one-way street.

(4) UNINTERRUPTED REST. A period of time within which the contract carrier does not communicate with a driver by telephone, pager, or in any other manner that could reasonably be expected to disrupt the driver's rest.

Section 2. (a) A contract carrier shall not permit a driver to drive or remain on duty:

(1) More than 10 hours after eight consecutive hours of uninterrupted rest off-duty.

(2) More than 15 hours of combined on-duty time and drive time since last obtaining eight consecutive hours of off-duty time.

(3) More than 70 hours of on-duty and drive time in any period of seven consecutive days.

(b) After 24 hours off-duty, a driver shall begin a new consecutive seven-day period and on-duty time is reset to zero.

(c) A driver for a contract carrier who encounters an emergency and cannot, because of that emergency, safely complete a transportation assignment within the 10-hour maximum driving time permitted under this section may drive and be permitted or required to drive a transport motor vehicle for not more than two additional hours in order to complete that transportation assignment or to reach a place offering safety for the occupants of the transport motor vehicle and security for the transport motor vehicle if the transportation assignment reasonably could have been completed within the 10-hour period absent the emergency.

(d) A contract carrier shall maintain and retain for a period of six months accurate time records that show all of the following:

(1) The time the driver reports for duty each day.

(2) The total number of hours of on-duty time for each driver for each day.

(3) The time the driver is released from duty each day.

(4) The total number of hours driven each day.

Section 3. (a) A contract carrier shall maintain a driver qualification file for each driver it employs. The driver qualification file may be combined with the personnel file of the employee and the driver qualification file shall include all of the following:

(1) A certificate of physical examination taken within the last two years conducted by a physician that certifies the physical ability of the driver to operate a motor vehicle.

(2) Documentation that establishes that the driving record of the driver has been reviewed at least one time within a year.

(3) Documentation related to the violation, if any, of applicable motor vehicle laws or ordinances by the driver.

(4) Any other documentation related to the qualification or general ability of the driver to drive a motor vehicle.

(5) The driver's application for employment as provided by 49 C.F.R. 391.21, as amended.

(6) Responses from previous employers, if required by the current employer.

(7) A copy of the current driver's license of the driver showing the qualifications, or the equivalent thereof, of the driver.

Section 4. (a) A driver shall be disqualified from driving for a contract carrier if the driver has committed two or more serious traffic violations within a three-year period.

(b) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided by 49 C.F.R. Part 40 and Part 382, as amended.

(c) A driver shall be considered qualified to drive for a contract carrier if the alcohol test result indicates an alcohol concentration of zero and the controlled substances test result from the medical review officer as defined in 49 C.F.R. Part 40.3, as amended, indicates a verified negative test result.

(d) A driver shall be disqualified from driving for a contract carrier if any of the following apply:

(1) The alcohol test result and the controlled substances test result are not in compliance with subsection (c).

(2) The driver refuses to provide a specimen for an alcohol test or a controlled substances test, or both.

(3) The driver submits an adulterated specimen, a dilute positive specimen, or a substituted specimen for an alcohol test or a controlled substances test that is performed.

(e) After an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances immediately following the accident under any of the following circumstances:

(1) The accident involved the loss of human life.

(2) The driver received a citation for a moving traffic violation arising from the accident and the accident involved bodily injury to a person who received medical treatment immediately after the accident.

(3) Disabling damage occurred to one or more motor vehicles involved in a motor vehicle accident.

(f) If alcohol testing cannot be conducted immediately following an accident, testing shall be conducted within eight hours of the accident. If controlled substances testing cannot be conducted immediately following an accident, testing shall be administered within 32 hours of the accident. The results of such testing shall be submitted to the Department of Public Safety.

(g) The contract carrier shall maintain records of any alcohol testing and controlled substances testing of each driver for five years. The records shall be maintained in the driver qualification file provided in Section 3.

Section 5. (a) A contract carrier shall inspect or cause to be inspected a motor vehicle and its components that it operates for passenger transportation at least one time per year in compliance with the rules promulgated by the United States Department of Transportation as provided under 49 C.F.R. 396.17, Appendix G. The inspection shall be performed by an individual who is qualified to perform the inspection as prescribed in 49 C.F.R. Part 396.19, as amended.

(b) A contract carrier shall require each driver to complete a daily written motor vehicle report upon completion of work on the motor vehicle that the driver operated as prescribed under 49 C.F.R. Part 396.11, as amended.

Section 6. (a) A contract carrier shall establish a maintenance and repair program to include at least weekly inspections.

(b) The maintenance and repair program of the contract carrier shall include checking parts and accessories for safety and proper operation at all times, including the items under subsection (c), and overall cleanliness of the motor vehicle.

(c) A motor vehicle used by a contract carrier shall have all of the following:

(1) Tires with sufficient tread as prescribed under 49 C.F.R. Part 393.75, as amended.

(2) A spare tire that is fully inflated.

(3) A secured location for personal baggage, including proper restraints.

(4) Fully-operational seatbelts for all passenger seats.

(5) If the weather requires it, traction devices, studs, or chains.

(6) Heating and cooling devices that are properly working with properly working fans.

(7) An emergency road kit that contains at least a tire inflating aerosol can, flares or reflective triangles, jumper cables, and a fire extinguisher.

(8) A readily available first aid kit complying with the standards set forth in 29 C.F.R. 1910.151, as amended. The first aid kit shall contain, at a minimum, those articles described in the most recent American National Standard (ANSI) Z308.1 as recommended by Appendix A to 29 C.F.R. 1910.151, as amended.

(d) All vehicles in a fleet of the contract carrier shall be equipped with an operable amber light or strobe light which shall be mounted to the roof of the vehicle in the rear one-third portion of the vehicle in order to provide warning to other motorists when the vehicle has slowed or stopped on or near a roadway.

(e) A vehicle shall not be operated in a condition that is likely to cause an accident or mechanical breakdown.

(f) A contract carrier shall maintain records for the maintenance and repair of each motor vehicle. The records shall include all of the following:

(1) Identifying information for the motor vehicle to include the vehicle identification number, make, year manufactured, and company identification number if one is provided.

(2) Owner information if the contract carrier is not the owner of the vehicle.

(3) History of inspections, repairs, and maintenance that describe the activity and the date the activity was performed.

(g) The records required to be maintained under this section shall be maintained by the contract carrier at its principal place of business for at least one year. After a motor vehicle leaves the control of a contract carrier, the records of the motor vehicle shall be maintained by the contract carrier at its principal place of business for at least six months.

(h) A contract carrier and its officers, drivers, agents, and employees who are involved in the inspection or maintenance of motor vehicles shall comply with and be knowledgeable of the maintenance and repair program of the contract carrier.

Section 7. A contract carrier shall allow an employee of the Department of Public Safety or the Public Service Commission or its designee access to a facility to determine compliance with this act and records or information related to an accident investigation.

Section 8. (a) A contract carrier shall obtain and maintain insurance coverage of two million dollars ($2,000,000) per person for bodily injury or death and up to a maximum of six million dollars ($6,000,000) for each motor vehicle that transports railroad employees.

(b) A contract carrier shall obtain and maintain uninsured and underinsured insurance coverage for each passenger in each motor vehicle in a minimum amount of one million dollars ($1,000,000).

Section 9. (a) Any person, corporation, or entity that violates the provisions of this act, or any rule promulgated thereto, shall be subject to a civil penalty in an amount of not more than two thousand dollars ($2,000) for each offense or violation.

(b) Each violation of this act shall constitute a separate and distinct offense, and in the case of a continuing violation, each day the violation continues shall be deemed to be a separate and distinct offense.

(c)(1) The Department of Public Safety or the Public Service Commission shall assess penalties for violations under this act by written notice to the violator.

(2) To determine the amount of the penalty, the department, the commission, or its designee shall evaluate all of the following:

a. The nature, circumstances, extent, and gravity of the violation.

b. The degree of culpability, history of prior offenses, ability to pay, and effect on the ability to continue to do business of the person found to have committed the violation.

c. Other circumstances as justice may require.

Section 10. (a) This act is not intended to limit, and may not be construed as limiting, the right of a railroad to contract with a contract carrier or entity that certifies to the railroad that it is in compliance with the provisions of this act or any applicable federal requirements.

(b) This act shall be considered minimum standards and may not be construed as superseding or abrogating any law, rule, or regulation that imposes stricter standards or regulations upon the operation of contract carriers that transport railroad employees.

Section 11. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Railroads

Employment

Safety