HF 431 (LSB 1989YH (2) 85)

HOUSE FILE 431

BY  M. SMITH, WINDSCHITL, BALTIMORE, and T. TAYLOR

(COMPANION TO SF 172 BY ERNST)

A BILL FOR

An Act relating to the length of on-duty periods and required rest periods for drivers of rail crew transport vehicles, 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, subsection 1, Code 2013, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0c.  “Driver” means a person who operates a motor vehicle for the transportation of railroad workers in the motor vehicle on behalf of a railroad worker transportation company, whether the person is employed by the company for wages or drives for the company as an independent contractor.
   NEW PARAGRAPH.  0g.  “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.
    Sec. 3.  Section 327F.39, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  Rest periods for drivers.
   a.  A railroad worker transportation company shall not require a driver to operate a motor vehicle in violation of section 321.449A. A railroad worker transportation company 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. A railroad worker transportation company shall clearly communicate to a driver when a period of uninterrupted rest is to begin.
   b.  A railroad company 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.
    Sec. 4.  Section 327F.39, subsection 6, Code 2013, is amended to read as follows:
   6.  Penalty.
   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, 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 4A or rules adopted pursuant to subsection 4A by a railroad worker transportation company or a railroad corporation is punishable as a schedule “one” penalty under section 327C.5.
    Sec. 5.  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 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 a motor vehicle for hire, which is designed to transport seven or more persons but fewer than 16 persons including the driver and which is used to transport railroad workers to or from their places of employment or during the course of their employment, 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 a detailed definition of “on duty”, which includes all time for which the driver is or is not compensated 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. “Uninterrupted rest” means the employer shall not communicate with the driver in any manner that could reasonably be expected to disrupt the driver’s 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 a railroad worker transportation company from requiring a driver to operate a motor vehicle in violation of the hours of service requirements established under the bill. A railroad worker transportation company may require a period of uninterrupted rest at any time. The minimum period of uninterrupted rest shall be eight hours, but if the driver has been on duty for more than eight hours, the period of uninterrupted rest shall be at least 10 hours. The company is required to clearly communicate to a driver when a period of uninterrupted rest is to begin.
   The bill provides that a violation of the provisions of the bill by a railroad worker transportation company or a railroad corporation is a schedule “one” penalty, subject to a fine of $100 under current law applicable to railroads.