SF 335 (LSB 2300SS (4) 85)

SENATE FILE 335

BY  TAYLOR

A BILL FOR

An Act concerning matters relating to the transportation of railroad workers and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.449A  Rail crew transport drivers.
   1.  A driver of a motor vehicle operated for hire which is designed to transport seven or more persons but fewer than sixteen persons including the driver and is used to transport railroad workers to or from their places of employment or during the course of their employment is subject to the following limitations:
   a.  The driver shall not drive such a vehicle more than ten hours following eight consecutive hours of uninterrupted rest.
   b.  The driver shall not drive such a vehicle for any period after having been on duty for fifteen hours following eight consecutive hours of uninterrupted rest.
   c.  The driver shall not accept a call for service from the driver’s employer during a period of uninterrupted rest.
   2.
  For purposes of this section, the following definitions apply:
   a.  “Employer” means a railroad worker transportation company, as defined in section 327F.39, for whom the driver performs a service, either for wages or as an independent contractor.
   b.  “On duty” means all time from the time a driver begins work or is required to be ready to work until the time the driver is relieved from work and all responsibility for performing work, whether or not the driver is compensated for all of the time. A driver may drive more than one assigned trip, as long as the trip falls within the on-duty period. A driver “begins work” when the driver enters a transport vehicle to begin a trip assignment and is not “relieved from work” until the driver has exited the transport vehicle for the final time.
   c.  “Uninterrupted rest” means that the employer shall not communicate with the driver by telephone, pager, or in any other manner that could reasonably be expected to disrupt the driver’s rest.
   3.  A person who violates this section commits a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 13, paragraph “b”.
    Sec. 2.  Section 327F.39, Code 2013, is amended to read as follows:
   327F.39  Transportation of railroad employees and equipment.
   1.  Definitions.  As used in this section, unless the context otherwise requires:
   a.  “Administrator” means the department’s administrator for rail and water, or the administrator’s designee.
   a.

b.  “Department” means the state department of transportation.
   b.

c.  “Director” means the director of transportation.
   c.  “Administrator” means the department’s administrator for rail and water, or the administrator’s designee.
   d.  “Driver” means a driver, as defined in 49 C.F.R. § 390.5, who operates a motor vehicle owned or operated by a railroad worker transportation company.
   e.  “Employee” means an employee, as defined in 49 C.F.R. § 390.5, who is a driver for a railroad worker transportation company.
   f.  “Employer” means as defined in 49 C.F.R. § 390.5, and includes a railroad worker transportation company for whom a driver performs a service, either for wages or as an independent contractor.
   d.

g.  “Motor vehicle” means a vehicle which is self-propelled and designed primarily for highway use, and which may or may not be equipped with retractably flanged wheels for operation on railroad tracks.
   e.

h.  “Owner” means a person having the lawful use or control of a motor vehicle as holder of the legal title of the motor vehicle or under contract or lease or otherwise.
   f.

i.  “Place of employment” means that location where one or more workers are actually performing the labor incident to their employment.
   j.  “Railroad worker transportation company” means a person, other than a railroad corporation, organized for the purpose of or engaged in the business of transporting, for hire, railroad workers to or from their places of employment or in the course of their employment in motor vehicles designed to carry seven or more persons but fewer than sixteen persons including the driver.
   g.

k.  “Worker” means an individual employed for any period in work for which the individual is compensated, whether full-time or part-time.
   2.  Compliance with regulations.  Motor vehicles, as defined in section 321.1, which are subject to registration and which are provided by a railroad company
 
corporation and used to transport railroad workers to and from their places of employment or during the course of their employment shall:
   a.  Meet all state and federal regulations pertaining to safe construction and maintenance of motor vehicles, including their coupling devices, lighting devices and reflectors, motor exhaust systems, rear-vision mirrors, service and parking brakes, steering mechanisms, tires, warning and signaling devices, and windshield wipers.
   b.  Meet all state and federal requirements for safety devices, first-aid kits, and sidewalls, canopies, tailgates, or other means of retaining freight safely.
   c.  Be operated in compliance with all state and federal regulations pertaining to driving, loading, carrying freight and employees, road warning devices, and the transportation of flammable material.
   3.  Motor vehicle maintained in safe manner.  A motor vehicle provided by a railroad company
 
corporation and used to transport one or more workers to and from their places of employment or during the course of their employment shall be maintained in a safe manner at all times, whether or not used upon a public highway.
   a.  An employer who owns or operates a motor vehicle for the transportation of railroad workers shall inspect the motor vehicle or cause the motor vehicle to be inspected annually in compliance with 49 C.F.R. § 396.17, as amended, by a person qualified to perform the inspection as provided in 49 C.F.R. § 396.19, as amended. In addition, the employer shall require each employee who drives a motor vehicle for the transportation of railroad workers to complete a written daily report as provided in 49 C.F.R. § 396.11, as amended.
   b.  An employer shall establish a maintenance and repair program that provides for weekly inspection of each motor vehicle operated by its employees for the transportation of railroad workers to assure overall cleanliness of the motor vehicle, that parts and accessories are in safe and operable condition, and that the motor vehicle is equipped with all of the following in good repair:
   (1)  Tires with sufficient tread as prescribed in 49 C.F.R. § 393.75, as amended.
   (2)  A fully inflated spare tire.
   (3)  A secure location for personal baggage, including proper baggage restraints.
   (4)  Fully operational seatbelts for all passenger seats.
   (5)  If required by weather conditions, traction devices, studs, or chains.
   (6)  A heater and air conditioner that are properly working with properly working fans.
   (7)  An emergency road kit that contains, at a minimum, a tire-inflating aerosol can, flares or reflective triangles, jumper cables, and a fire extinguisher.
   (8)  A readily available first aid kit in compliance with 29 C.F.R. § 1910.151, as amended, which includes the articles described in appendix A of that section.
   c.  A motor vehicle used for the transportation of railroad workers shall be equipped with an operable amber flashing light mounted on the rear one-third portion of the roof in order to provide warning to other motorists whenever the vehicle has slowed or stopped on or near the roadway.

   d.  A motor vehicle used for the transportation of railroad workers shall not be operated in a condition that is likely to cause an accident or a mechanical breakdown.
   e.  An employer shall maintain records relating to the maintenance and repair program for each motor vehicle operated by its employees for the transportation of railroad workers. The records shall include:
   (1)  Identifying information for the motor vehicle, including the vehicle identification number; make, model, and year of manufacture; and the railroad corporation’s identification number if provided.
   (2)  Owner information if the employer is not the owner of the vehicle.
   (3)  The history of inspections, repairs, and maintenance that describes each activity and the date the activity was performed.
   f.  Records required under this section shall be maintained by an employer at its principal place of business for one year. If a motor vehicle leaves the employer’s control, the records pertaining to that vehicle shall be maintained by the employer at the employer’s principal place of business for six months.
   g.  An employer and the employer’s officers, agents, and employees who are involved with the inspection or maintenance of motor vehicles shall comply with the employer’s maintenance and repair program as provided under this section.
   4.  Heating system.  The director shall adopt rules requiring a motor vehicle, as defined in section 321.1, which is subject to registration and which is provided by a railroad company
 
corporation and used to transport railroad workers to and from their places of employment or during the course of their employment to be provided with a safe heating system to maintain a reasonable comfort level in those spaces of the vehicle where the workers are required to ride.
   5.  Rest periods for drivers.
   a.  An employer shall not require a driver to operate a motor vehicle in violation of section 321.449A. An employer may require a period of uninterrupted rest for a driver at any time. The period of uninterrupted rest shall not be less than eight hours, and shall be at least ten hours following an on-duty period of more than eight hours. An employer shall clearly communicate to a driver when a period of uninterrupted rest is to begin.
   b.  A railroad corporation shall not require a driver to operate a motor vehicle in violation of section 321.449A or this subsection.
   c.  For purposes of this subsection, “uninterrupted rest” and “on duty” mean the same as defined in section 321.449A.
   6.  Driver qualifications.
   a.  An employer shall maintain a driver qualification file for each employee who drives a motor vehicle for the transportation of railroad workers. The driver qualification file shall include all of the following:
   (1)  A certificate of physical examination signed and dated within the previous two years by a physician licensed under chapter 148 certifying that the employee is physically able to operate a motor vehicle.
   (2)  Documentation that the employer has reviewed the driver’s driving record within the previous twelve months.
   (3)  Documentation relating to the driver’s violation of any applicable motor vehicle laws or ordinances.
   (4)  Other documentation related to the driver’s qualification or ability to drive a motor vehicle.
   (5)  The driver’s application for employment as provided by 49 C.F.R. § 391.21, as amended.
   (6)  References from previous employers, if required by the current employer.
   (7)  A copy of the driver’s current class D driver’s license or an equivalent driver’s license.
   b.  A person shall be disqualified from driving for an employer if the driver is convicted of two or more serious traffic violations committed within a three-year period in this state or another state. For purposes of this section, “serious traffic violation” means any violation committed while operating a motor vehicle if the violation resulted in the suspension or revocation of the person’s driver’s license, or any of the following violations, whether or not the violation resulted in license suspension or revocation:
   (1)  A violation of chapter 321J or an equivalent law of another state.
   (2)  A seat belt violation.
   (3)  A violation of commercial motor vehicle laws.
   (4)  A speeding violation for a speed of fifteen miles per hour or more over the legal limit.
   (5)  Negligent homicide.
   (6)  Using a motor vehicle in the commission of a felony.
   (7)  Evading arrest.
   (8)  Using a motor vehicle to flee law enforcement.
   (9)  Careless driving.
   (10)  Prohibited passing of another vehicle.
   (11)  Unlawfully passing a stopped school bus.
   (12)  Failure to obey an official traffic-control signal or device.
   (13)  Failure to obey a railroad crossing gate.
   (14)  Driving while the person’s driver’s license or operating privileges are suspended, canceled, or revoked.
   (15)  Driving the wrong way on a one-way street.
   c.  Prior to allowing a person to perform the duties of a driver, an employer shall require the person to submit to testing for alcohol and controlled substances as provided in 49 C.F.R. pts. 40 and 382, as amended. A person shall not be allowed to perform the duties of a driver unless the alcohol test result for the person indicates an alcohol concentration of zero and the controlled substances test result from a medical review officer, as defined in 49 C.F.R. § 40.3, as amended, indicates a verified negative.

   d.
  (1)  As soon as practicable following an accident involving a motor vehicle owned or operated by an employer, the employer shall test each surviving driver for alcohol and controlled substances if any of the following apply:
   (a)  The accident involved the death of a person.
   (b)  The driver received a citation for a moving violation arising from the accident and the accident involved bodily injury to a person who immediately received medical treatment after the accident.
   (c)  The driver received a citation for a moving violation arising from the accident and the accident involved disabling damage to one or more motor vehicles involved in the accident.
   (2)  Testing for the presence of alcohol shall be conducted immediately following the accident or no later than eight hours after the accident. Testing for the presence of controlled substances shall be conducted immediately following the accident or no later than thirty-two hours after the accident. The test results shall be submitted to the department. The employer shall maintain a record of the test results for five years following the date of the accident.
   e.  Notwithstanding any other provision, a person shall be disqualified from driving for the employer upon the occurrence of any of the following:
   (1)  The person’s alcohol and controlled substances test results are not in compliance with paragraph “c”.
   (2)  The person refuses to provide a specimen for alcohol testing, testing for controlled substances, or both.
   (3)  The person submits an adulterated specimen, a dilute positive specimen, or a substituted specimen for an alcohol test or a test for controlled substances.
   f.  Testing of an employee for the presence of alcohol or a controlled substance under this subsection shall be performed in accordance with section 730.5.
   7.  Financial liability coverage.
   a.  An employer shall maintain financial liability coverage in the amount of one million dollars per person, up to a maximum of five million dollars, for each motor vehicle owned or operated by the employer to transport railroad workers.
   b.  An employer shall maintain uninsured and underinsured motor vehicle coverage in the amount of one million dollars per motor vehicle occupant, up to a maximum of five million dollars, for each motor vehicle owned or operated by the employer to transport railroad workers.
   5.

8.  Rule violations.  When the administrator finds that a motor vehicle used to transport workers to and from their places of employment or during the course of their employment violates
 
is not in compliance with this section or a rule adopted under this section, the administrator shall make, enter, and serve upon the owner of the motor vehicle an order as necessary to protect the safety of workers transported in the motor vehicle. The administrator may direct in the order, as a condition to the continued use of the motor vehicle for transporting workers to and from their places of employment or during the course of their employment, that additions, repairs, improvements, or changes be made and that safety devices and safeguards be furnished and used as required to satisfy the rules in the manner and within the time specified in the order. The order may also require that any driver of the motor vehicle satisfy the minimum standards for a driver under the
 
this section or rules
 
adopted pursuant to this section.
   9.  Access provided to department.  An employer shall provide the department, or an agent or employee of the department, with access to the following:
   a.  A facility owned or controlled by the employer, for the purpose of determining compliance with this section.
   b.  Records related to an accident involving a vehicle owned or operated by the employer.
   6.

10.  Penalty.
   a.  Violation
 
Except as otherwise provided, a violation by the owner of a motor vehicle of this section, a rule adopted under this section, or an order issued under subsection 5
 
8, or willful failure to comply with such an order is, upon conviction, subject to a schedule “one” penalty as provided under section 327C.5.
   b.  A violation of subsection 5, or rules adopted pursuant to subsection 5, by a railroad worker transportation company or a railroad corporation is punishable as a schedule “one” penalty under section 327C.5.
   c.  A railroad worker transportation company or a railroad corporation that violates this section or a rule adopted pursuant to this section may be subject to a civil penalty not to exceed two thousand dollars in addition to any other penalty provided by law.
   d.  Each violation of this section or a rule adopted pursuant to this section constitutes a separate and distinct offense, and for violations of a continuing nature, each day that a violation continues constitutes a separate offense.
    Sec. 3.  Section 805.8A, subsection 13, paragraph b, Code 2013, is amended to read as follows:
   b.  For a violation under section 321.449,
 
or 321.449A, the scheduled fine is fifty dollars.
EXPLANATION
   This bill contains provisions relating to companies that operate motor vehicles and employ drivers for the transportation of railroad workers.
   Under the bill, the term “employer” means a person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle, including a railroad worker transportation company. The term “employee” refers to a driver who performs a service for a railroad worker transportation company, either for wages or as an independent contractor.
   The bill requires an employer to provide for annual inspection of the employer’s motor vehicles by a qualified person. In addition, each employee who drives a motor vehicle must complete a daily written vehicle report. An employer is also required to establish a maintenance and repair program that includes weekly inspection of each motor vehicle, with a focus on cleanliness and the condition of vehicle parts and accessories specified in the bill. An employer is required to maintain records relating to vehicle maintenance and repair for one year, or for a vehicle no longer in the employer’s control, for six months.
   The bill provides that a person who drives a motor vehicle transporting railroad workers is subject to hours-of-service restrictions similar to those that apply to commercial vehicle operators. The bill prohibits a driver from driving for more than 10 hours following eight consecutive hours of uninterrupted rest; prohibits driving such a motor vehicle for any period after having been on duty for 15 hours following eight consecutive hours of uninterrupted rest; and prohibits accepting a call for service during a period of uninterrupted rest. The bill provides detailed definitions of “on duty” and “uninterrupted rest”. A driver who violates the hours-of-service restrictions commits a simple misdemeanor punishable by a scheduled fine of $50. This is the same penalty that currently applies for hours-of-service violations by commercial vehicle operators.
   The bill prohibits an employer from requiring a driver to operate a motor vehicle in violation of the hours-of-service requirements established under the bill. An employer may require a period of uninterrupted rest at any time and must clearly communicate to a driver when a period of uninterrupted rest is to begin.
   The bill requires an employer to maintain a driver qualification file for each employee that includes specified documentation relating to the employee’s driving record and employment record. The bill states that an employee is disqualified from driving for an employer if the driver is convicted of two or more serious traffic violations committed within three years in Iowa or in any other state. For purposes of the bill, “serious violation” includes operating while intoxicated, a seat belt violation, a violation of commercial motor vehicle laws, speeding more than 15 miles per hour over the limit, negligent homicide, using a motor vehicle in commission of a felony, evading arrest, using a motor vehicle to flee law enforcement, careless driving, prohibited passing, unlawfully passing a school bus, failure to obey a traffic control signal or device, driving while suspended, and driving the wrong way on a one-way street.
   The bill requires drivers to be tested for the presence of alcohol and controlled substances as a condition of employment. In addition, an employer is required to have a driver tested for alcohol and controlled substances following an accident occurring in the course of the driver’s employment if the accident involved the death of a person, or if the accident resulted in bodily injury to a person or disabling damage to a motor vehicle and the driver received a citation for a moving violation. Grounds for disqualification of a driver include a test result indicating an alcohol concentration above zero or a controlled substance test result other than a verified negative; refusing to provide a specimen for testing; or adulteration, dilution, or substitution of a specimen. 
   The bill requires an employer to maintain financial liability coverage in the amount of $1 million per person, up to a maximum of $5 million per motor vehicle owned or operated by the employer and uninsured or underinsured motorist coverage in the amount of $1 million per motor vehicle occupant, up to a maximum of $5 million per motor vehicle.
   The bill requires an employer to provide the department of transportation with access to the employer’s facilities and to records relating to accidents involving the employer’s motor vehicles.
   Pursuant to current law, a violation of the provisions relating to the transportation of railroad workers is punishable by a schedule “one” penalty, which is a fine of $100. The bill provides that a schedule “one” penalty also applies to a violation of the provisions relating to rest periods for drivers by a railroad corporation or a railroad worker transportation company. The bill also allows an additional civil penalty of up to $2,000 to be imposed for any violation of the provisions of the bill by a railroad corporation or a railroad worker transportation company. Each violation of the provisions relating to the transportation of railroad workers constitutes a separate and distinct offense, and for violations of a continuing nature, each day that a violation continues constitutes a separate offense.