S.F. 2074 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 2. For purposes of this section, the following definitions 14 apply: 15 a. “Employer” means a railroad worker transportation 16 company, as defined in section 327F.39, for whom the driver 17 performs a service, either for wages or as an independent 18 contractor. 19 b. “On duty” means all time from the time a driver begins 20 work or is required to be ready to work until the time the 21 driver is relieved from work and all responsibility for 22 performing work, whether or not the driver is compensated for 23 all of the time. A driver may drive more than one assigned 24 trip, as long as the trip falls within the on-duty period. A 25 driver “begins work” when the driver enters a transport vehicle 26 to begin a trip assignment and is not “relieved from work” until 27 the driver has exited the transport vehicle for the final time. 28 c. “Uninterrupted rest” means the driver is not required to 29 maintain telephone contact with the driver’s employer and is 30 assured of not being called for a trip assignment. 31 3. A person who violates this section commits a simple 32 misdemeanor punishable as a scheduled violation under section 33 805.8A, subsection 13, paragraph “b” . 34 Sec. 2. Section 327F.39, subsection 1, Code 2011, is amended 35 -1- LSB 5060XS (6) 84 dea/nh 1/ 4

S.F. 2074 by adding the following new paragraphs: 1 NEW PARAGRAPH . 0c. “Driver” means a person who operates 2 a motor vehicle for the transportation of railroad workers in 3 the motor vehicle on behalf of a railroad worker transportation 4 company, whether the person is employed by the company for 5 wages or drives for the company as an independent contractor. 6 NEW PARAGRAPH . 0g. “Railroad worker transportation 7 company” means a person, other than a railroad corporation, 8 organized for the purpose of or engaged in the business of 9 transporting, for hire, railroad workers to or from their 10 places of employment or in the course of their employment in 11 motor vehicles designed to carry seven or more persons but 12 fewer than sixteen persons including the driver. 13 Sec. 3. Section 327F.39, Code 2011, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 4A. a. A railroad worker transportation 16 company shall not require a driver to operate a motor 17 vehicle in violation of section 321.449A. A railroad worker 18 transportation company may require a period of uninterrupted 19 rest for a driver at any time. The period of uninterrupted 20 rest shall not be less than eight hours, and shall be at least 21 ten hours following an on-duty period of more than eight 22 hours. A railroad worker transportation company shall clearly 23 communicate to a driver when a period of uninterrupted rest is 24 to begin. 25 b. A railroad company shall not require a driver to operate 26 a motor vehicle in violation of section 321.449A or this 27 subsection. 28 c. For purposes of this subsection, “uninterrupted rest” and 29 “on duty” mean the same as defined in section 321.449A. 30 Sec. 4. Section 327F.39, subsection 6, Code 2011, is amended 31 to read as follows: 32 6. Penalty. 33 a. Violation by the owner of a motor vehicle of this 34 section , a rule adopted under this section , or an order issued 35 -2- LSB 5060XS (6) 84 dea/nh 2/ 4

S.F. 2074 under subsection 5 , or willful failure to comply with such an 1 order is, upon conviction, subject to a schedule “one” penalty 2 as provided under section 327C.5 . 3 b. A violation of subsection 4A or rules adopted pursuant to 4 subsection 4A by a railroad worker transportation company or a 5 railroad corporation is punishable as a schedule “one” penalty 6 under section 327C.5. 7 Sec. 5. Section 805.8A, subsection 13, paragraph b, Code 8 Supplement 2011, is amended to read as follows: 9 b. For a violation under section 321.449 , or 321.449A, the 10 scheduled fine is fifty dollars. 11 EXPLANATION 12 This bill provides that a person who drives a motor vehicle 13 transporting railroad workers is subject to hours-of-service 14 restrictions similar to those that apply to commercial vehicle 15 operators. 16 The bill prohibits a driver from driving a motor vehicle 17 for hire, which is designed to transport seven or more persons 18 but fewer than 16 persons including the driver and which is 19 used to transport railroad workers to or from their places 20 of employment or during the course of their employment, 21 for more than 10 hours following eight consecutive hours of 22 uninterrupted rest, and prohibits driving such a motor vehicle 23 for any period after having been on duty for 15 hours following 24 eight consecutive hours of uninterrupted rest. The bill 25 provides a detailed definition of “on duty”, which includes 26 all time for which the driver is or is not compensated from 27 the time a driver begins work or is required to be ready to 28 work until the time the driver is relieved from work and all 29 responsibility for performing work. “Uninterrupted rest” means 30 the employee is not required to maintain telephone contact with 31 the employer and is assured of not being called for a trip 32 assignment. 33 A driver who violates the hours-of-service restrictions 34 commits a simple misdemeanor punishable by a scheduled fine 35 -3- LSB 5060XS (6) 84 dea/nh 3/ 4

S.F. 2074 of $50. This is the same penalty that currently applies for 1 hours-of-service violations by commercial vehicle operators. 2 The bill prohibits a railroad worker transportation company 3 from requiring a driver to operate a motor vehicle in violation 4 of the hours of service requirements established under the 5 bill. A railroad worker transportation company may require a 6 period of uninterrupted rest at any time. The minimum period 7 of uninterrupted rest shall be eight hours, but if the driver 8 has been on duty for more than eight hours, the period of 9 uninterrupted rest shall be at least 10 hours. The company is 10 required to clearly communicate to a driver when a period of 11 uninterrupted rest is to begin. 12 The bill provides that a violation of the provisions of the 13 bill by a railroad worker transportation company or a railroad 14 corporation is a schedule “one” penalty, subject to a fine of 15 $100 under current law applicable to railroads. 16 -4- LSB 5060XS (6) 84 dea/nh 4/ 4