H.F. 431 Section 1. NEW SECTION . 321.449A Rail crew transport 1 drivers. 2 1. A driver of a motor vehicle operated for hire which is 3 designed to transport seven or more persons but fewer than 4 sixteen persons including the driver and is used to transport 5 railroad workers to or from their places of employment or 6 during the course of their employment is subject to the 7 following limitations: 8 a. The driver shall not drive such a vehicle more than ten 9 hours following eight consecutive hours of uninterrupted rest. 10 b. The driver shall not drive such a vehicle for any period 11 after having been on duty for fifteen hours following eight 12 consecutive hours of uninterrupted rest. 13 c. The driver shall not accept a call for service from the 14 driver’s employer during a period of uninterrupted rest. 15 2. For purposes of this section, the following definitions 16 apply: 17 a. “Employer” means a railroad worker transportation 18 company, as defined in section 327F.39, for whom the driver 19 performs a service, either for wages or as an independent 20 contractor. 21 b. “On duty” means all time from the time a driver begins 22 work or is required to be ready to work until the time the 23 driver is relieved from work and all responsibility for 24 performing work, whether or not the driver is compensated for 25 all of the time. A driver may drive more than one assigned 26 trip, as long as the trip falls within the on-duty period. A 27 driver “begins work” when the driver enters a transport vehicle 28 to begin a trip assignment and is not “relieved from work” until 29 the driver has exited the transport vehicle for the final time. 30 c. “Uninterrupted rest” means that the employer shall not 31 communicate with the driver by telephone, pager, or in any 32 other manner that could reasonably be expected to disrupt the 33 driver’s rest. 34 3. A person who violates this section commits a simple 35 -1- LSB 1989YH (2) 85 dea/nh 1/ 4

H.F. 431 misdemeanor punishable as a scheduled violation under section 1 805.8A, subsection 13, paragraph “b” . 2 Sec. 2. Section 327F.39, subsection 1, Code 2013, is amended 3 by adding the following new paragraphs: 4 NEW PARAGRAPH . 0c. “Driver” means a person who operates 5 a motor vehicle for the transportation of railroad workers in 6 the motor vehicle on behalf of a railroad worker transportation 7 company, whether the person is employed by the company for 8 wages or drives for the company as an independent contractor. 9 NEW PARAGRAPH . 0g. “Railroad worker transportation 10 company” means a person, other than a railroad corporation, 11 organized for the purpose of or engaged in the business of 12 transporting, for hire, railroad workers to or from their 13 places of employment or in the course of their employment in 14 motor vehicles designed to carry seven or more persons but 15 fewer than sixteen persons including the driver. 16 Sec. 3. Section 327F.39, Code 2013, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4A. Rest periods for drivers. 19 a. A railroad worker transportation company shall not 20 require a driver to operate a motor vehicle in violation of 21 section 321.449A. A railroad worker transportation company 22 may require a period of uninterrupted rest for a driver at 23 any time. The period of uninterrupted rest shall not be less 24 than eight hours, and shall be at least ten hours following an 25 on-duty period of more than eight hours. A railroad worker 26 transportation company shall clearly communicate to a driver 27 when a period of uninterrupted rest is to begin. 28 b. A railroad company shall not require a driver to operate 29 a motor vehicle in violation of section 321.449A or this 30 subsection. 31 c. For purposes of this subsection, “uninterrupted rest” and 32 “on duty” mean the same as defined in section 321.449A. 33 Sec. 4. Section 327F.39, subsection 6, Code 2013, is amended 34 to read as follows: 35 -2- LSB 1989YH (2) 85 dea/nh 2/ 4

H.F. 431 6. Penalty. 1 a. Violation by the owner of a motor vehicle of this 2 section , a rule adopted under this section , or an order issued 3 under subsection 5 , or willful failure to comply with such an 4 order is, upon conviction, subject to a schedule “one” penalty 5 as provided under section 327C.5 . 6 b. A violation of subsection 4A or rules adopted pursuant to 7 subsection 4A by a railroad worker transportation company or a 8 railroad corporation is punishable as a schedule “one” penalty 9 under section 327C.5. 10 Sec. 5. Section 805.8A, subsection 13, paragraph b, Code 11 2013, is amended to read as follows: 12 b. For a violation under section 321.449 , or 321.449A, the 13 scheduled fine is fifty dollars. 14 EXPLANATION 15 This bill provides that a person who drives a motor vehicle 16 transporting railroad workers is subject to hours-of-service 17 restrictions similar to those that apply to commercial vehicle 18 operators. 19 The bill prohibits a driver from driving a motor vehicle 20 for hire, which is designed to transport seven or more persons 21 but fewer than 16 persons including the driver and which is 22 used to transport railroad workers to or from their places 23 of employment or during the course of their employment, 24 for more than 10 hours following eight consecutive hours of 25 uninterrupted rest; prohibits driving such a motor vehicle 26 for any period after having been on duty for 15 hours 27 following eight consecutive hours of uninterrupted rest; and 28 prohibits accepting a call for service during a period of 29 uninterrupted rest. The bill provides a detailed definition 30 of “on duty”, which includes all time for which the driver is 31 or is not compensated from the time a driver begins work or 32 is required to be ready to work until the time the driver is 33 relieved from work and all responsibility for performing work. 34 “Uninterrupted rest” means the employer shall not communicate 35 -3- LSB 1989YH (2) 85 dea/nh 3/ 4

H.F. 431 with the driver in any manner that could reasonably be expected 1 to disrupt the driver’s rest. 2 A driver who violates the hours-of-service restrictions 3 commits a simple misdemeanor punishable by a scheduled fine 4 of $50. This is the same penalty that currently applies for 5 hours-of-service violations by commercial vehicle operators. 6 The bill prohibits a railroad worker transportation company 7 from requiring a driver to operate a motor vehicle in violation 8 of the hours of service requirements established under the 9 bill. A railroad worker transportation company may require a 10 period of uninterrupted rest at any time. The minimum period 11 of uninterrupted rest shall be eight hours, but if the driver 12 has been on duty for more than eight hours, the period of 13 uninterrupted rest shall be at least 10 hours. The company is 14 required to clearly communicate to a driver when a period of 15 uninterrupted rest is to begin. 16 The bill provides that a violation of the provisions of the 17 bill by a railroad worker transportation company or a railroad 18 corporation is a schedule “one” penalty, subject to a fine of 19 $100 under current law applicable to railroads. 20 -4- LSB 1989YH (2) 85 dea/nh 4/ 4