S.F. 335 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 2300SS (4) 85 dea/nh 1/ 13

S.F. 335 misdemeanor punishable as a scheduled violation under section 1 805.8A, subsection 13, paragraph “b” . 2 Sec. 2. Section 327F.39, Code 2013, is amended to read as 3 follows: 4 327F.39 Transportation of railroad employees and equipment. 5 1. Definitions. As used in this section , unless the context 6 otherwise requires: 7 a. “Administrator” means the department’s administrator for 8 rail and water, or the administrator’s designee. 9 a. b. “Department” means the state department of 10 transportation. 11 b. c. “Director” means the director of transportation. 12 c. “Administrator” means the department’s administrator for 13 rail and water, or the administrator’s designee. 14 d. “Driver” means a driver, as defined in 49 C.F.R. § 390.5, 15 who operates a motor vehicle owned or operated by a railroad 16 worker transportation company. 17 e. “Employee” means an employee, as defined in 49 C.F.R. 18 § 390.5, who is a driver for a railroad worker transportation 19 company. 20 f. “Employer” means as defined in 49 C.F.R. § 390.5, 21 and includes a railroad worker transportation company for 22 whom a driver performs a service, either for wages or as an 23 independent contractor. 24 d. g. “Motor vehicle” means a vehicle which is 25 self-propelled and designed primarily for highway use, and 26 which may or may not be equipped with retractably flanged 27 wheels for operation on railroad tracks. 28 e. h. “Owner” means a person having the lawful use or 29 control of a motor vehicle as holder of the legal title of the 30 motor vehicle or under contract or lease or otherwise. 31 f. i. “Place of employment” means that location where one 32 or more workers are actually performing the labor incident to 33 their employment. 34 j. “Railroad worker transportation company” means a person, 35 -2- LSB 2300SS (4) 85 dea/nh 2/ 13

S.F. 335 other than a railroad corporation, organized for the purpose of 1 or engaged in the business of transporting, for hire, railroad 2 workers to or from their places of employment or in the course 3 of their employment in motor vehicles designed to carry seven 4 or more persons but fewer than sixteen persons including the 5 driver. 6 g. k. “Worker” means an individual employed for any period 7 in work for which the individual is compensated, whether 8 full-time or part-time. 9 2. Compliance with regulations. Motor vehicles, as defined 10 in section 321.1 , which are subject to registration and 11 which are provided by a railroad company corporation and used 12 to transport railroad workers to and from their places of 13 employment or during the course of their employment shall: 14 a. Meet all state and federal regulations pertaining to 15 safe construction and maintenance of motor vehicles, including 16 their coupling devices, lighting devices and reflectors, motor 17 exhaust systems, rear-vision mirrors, service and parking 18 brakes, steering mechanisms, tires, warning and signaling 19 devices, and windshield wipers. 20 b. Meet all state and federal requirements for safety 21 devices, first-aid kits, and sidewalls, canopies, tailgates, or 22 other means of retaining freight safely. 23 c. Be operated in compliance with all state and federal 24 regulations pertaining to driving, loading, carrying freight 25 and employees, road warning devices, and the transportation of 26 flammable material. 27 3. Motor vehicle maintained in safe manner. A motor 28 vehicle provided by a railroad company corporation and used 29 to transport one or more workers to and from their places of 30 employment or during the course of their employment shall be 31 maintained in a safe manner at all times, whether or not used 32 upon a public highway. 33 a. An employer who owns or operates a motor vehicle for 34 the transportation of railroad workers shall inspect the motor 35 -3- LSB 2300SS (4) 85 dea/nh 3/ 13

S.F. 335 vehicle or cause the motor vehicle to be inspected annually in 1 compliance with 49 C.F.R. § 396.17, as amended, by a person 2 qualified to perform the inspection as provided in 49 C.F.R. § 3 396.19, as amended. In addition, the employer shall require 4 each employee who drives a motor vehicle for the transportation 5 of railroad workers to complete a written daily report as 6 provided in 49 C.F.R. § 396.11, as amended. 7 b. An employer shall establish a maintenance and repair 8 program that provides for weekly inspection of each motor 9 vehicle operated by its employees for the transportation of 10 railroad workers to assure overall cleanliness of the motor 11 vehicle, that parts and accessories are in safe and operable 12 condition, and that the motor vehicle is equipped with all of 13 the following in good repair: 14 (1) Tires with sufficient tread as prescribed in 49 C.F.R. § 15 393.75, as amended. 16 (2) A fully inflated spare tire. 17 (3) A secure location for personal baggage, including 18 proper baggage restraints. 19 (4) Fully operational seatbelts for all passenger seats. 20 (5) If required by weather conditions, traction devices, 21 studs, or chains. 22 (6) A heater and air conditioner that are properly working 23 with properly working fans. 24 (7) An emergency road kit that contains, at a minimum, a 25 tire-inflating aerosol can, flares or reflective triangles, 26 jumper cables, and a fire extinguisher. 27 (8) A readily available first aid kit in compliance with 28 29 C.F.R. § 1910.151, as amended, which includes the articles 29 described in appendix A of that section. 30 c. A motor vehicle used for the transportation of railroad 31 workers shall be equipped with an operable amber flashing light 32 mounted on the rear one-third portion of the roof in order to 33 provide warning to other motorists whenever the vehicle has 34 slowed or stopped on or near the roadway. 35 -4- LSB 2300SS (4) 85 dea/nh 4/ 13

S.F. 335 d. A motor vehicle used for the transportation of railroad 1 workers shall not be operated in a condition that is likely to 2 cause an accident or a mechanical breakdown. 3 e. An employer shall maintain records relating to the 4 maintenance and repair program for each motor vehicle operated 5 by its employees for the transportation of railroad workers. 6 The records shall include: 7 (1) Identifying information for the motor vehicle, 8 including the vehicle identification number; make, model, 9 and year of manufacture; and the railroad corporation’s 10 identification number if provided. 11 (2) Owner information if the employer is not the owner of 12 the vehicle. 13 (3) The history of inspections, repairs, and maintenance 14 that describes each activity and the date the activity was 15 performed. 16 f. Records required under this section shall be maintained 17 by an employer at its principal place of business for one year. 18 If a motor vehicle leaves the employer’s control, the records 19 pertaining to that vehicle shall be maintained by the employer 20 at the employer’s principal place of business for six months. 21 g. An employer and the employer’s officers, agents, and 22 employees who are involved with the inspection or maintenance 23 of motor vehicles shall comply with the employer’s maintenance 24 and repair program as provided under this section. 25 4. Heating system. The director shall adopt rules requiring 26 a motor vehicle, as defined in section 321.1 , which is subject 27 to registration and which is provided by a railroad company 28 corporation and used to transport railroad workers to and 29 from their places of employment or during the course of 30 their employment to be provided with a safe heating system to 31 maintain a reasonable comfort level in those spaces of the 32 vehicle where the workers are required to ride. 33 5. Rest periods for drivers. 34 a. An employer shall not require a driver to operate a 35 -5- LSB 2300SS (4) 85 dea/nh 5/ 13

S.F. 335 motor vehicle in violation of section 321.449A. An employer 1 may require a period of uninterrupted rest for a driver at 2 any time. The period of uninterrupted rest shall not be less 3 than eight hours, and shall be at least ten hours following an 4 on-duty period of more than eight hours. An employer shall 5 clearly communicate to a driver when a period of uninterrupted 6 rest is to begin. 7 b. A railroad corporation shall not require a driver to 8 operate a motor vehicle in violation of section 321.449A or 9 this subsection. 10 c. For purposes of this subsection, “uninterrupted rest” and 11 “on duty” mean the same as defined in section 321.449A. 12 6. Driver qualifications. 13 a. An employer shall maintain a driver qualification 14 file for each employee who drives a motor vehicle for the 15 transportation of railroad workers. The driver qualification 16 file shall include all of the following: 17 (1) A certificate of physical examination signed and dated 18 within the previous two years by a physician licensed under 19 chapter 148 certifying that the employee is physically able to 20 operate a motor vehicle. 21 (2) Documentation that the employer has reviewed the 22 driver’s driving record within the previous twelve months. 23 (3) Documentation relating to the driver’s violation of any 24 applicable motor vehicle laws or ordinances. 25 (4) Other documentation related to the driver’s 26 qualification or ability to drive a motor vehicle. 27 (5) The driver’s application for employment as provided by 28 49 C.F.R. § 391.21, as amended. 29 (6) References from previous employers, if required by the 30 current employer. 31 (7) A copy of the driver’s current class D driver’s license 32 or an equivalent driver’s license. 33 b. A person shall be disqualified from driving for an 34 employer if the driver is convicted of two or more serious 35 -6- LSB 2300SS (4) 85 dea/nh 6/ 13

S.F. 335 traffic violations committed within a three-year period in this 1 state or another state. For purposes of this section, “serious 2 traffic violation” means any violation committed while operating 3 a motor vehicle if the violation resulted in the suspension 4 or revocation of the person’s driver’s license, or any of the 5 following violations, whether or not the violation resulted in 6 license suspension or revocation: 7 (1) A violation of chapter 321J or an equivalent law of 8 another state. 9 (2) A seat belt violation. 10 (3) A violation of commercial motor vehicle laws. 11 (4) A speeding violation for a speed of fifteen miles per 12 hour or more over the legal limit. 13 (5) Negligent homicide. 14 (6) Using a motor vehicle in the commission of a felony. 15 (7) Evading arrest. 16 (8) Using a motor vehicle to flee law enforcement. 17 (9) Careless driving. 18 (10) Prohibited passing of another vehicle. 19 (11) Unlawfully passing a stopped school bus. 20 (12) Failure to obey an official traffic-control signal or 21 device. 22 (13) Failure to obey a railroad crossing gate. 23 (14) Driving while the person’s driver’s license or 24 operating privileges are suspended, canceled, or revoked. 25 (15) Driving the wrong way on a one-way street. 26 c. Prior to allowing a person to perform the duties of 27 a driver, an employer shall require the person to submit to 28 testing for alcohol and controlled substances as provided in 29 49 C.F.R. pts. 40 and 382, as amended. A person shall not be 30 allowed to perform the duties of a driver unless the alcohol 31 test result for the person indicates an alcohol concentration 32 of zero and the controlled substances test result from a 33 medical review officer, as defined in 49 C.F.R. § 40.3, as 34 amended, indicates a verified negative. 35 -7- LSB 2300SS (4) 85 dea/nh 7/ 13

S.F. 335 d. (1) As soon as practicable following an accident 1 involving a motor vehicle owned or operated by an employer, 2 the employer shall test each surviving driver for alcohol and 3 controlled substances if any of the following apply: 4 (a) The accident involved the death of a person. 5 (b) The driver received a citation for a moving violation 6 arising from the accident and the accident involved bodily 7 injury to a person who immediately received medical treatment 8 after the accident. 9 (c) The driver received a citation for a moving violation 10 arising from the accident and the accident involved disabling 11 damage to one or more motor vehicles involved in the accident. 12 (2) Testing for the presence of alcohol shall be conducted 13 immediately following the accident or no later than eight hours 14 after the accident. Testing for the presence of controlled 15 substances shall be conducted immediately following the 16 accident or no later than thirty-two hours after the accident. 17 The test results shall be submitted to the department. The 18 employer shall maintain a record of the test results for five 19 years following the date of the accident. 20 e. Notwithstanding any other provision, a person shall be 21 disqualified from driving for the employer upon the occurrence 22 of any of the following: 23 (1) The person’s alcohol and controlled substances test 24 results are not in compliance with paragraph “c” . 25 (2) The person refuses to provide a specimen for alcohol 26 testing, testing for controlled substances, or both. 27 (3) The person submits an adulterated specimen, a dilute 28 positive specimen, or a substituted specimen for an alcohol 29 test or a test for controlled substances. 30 f. Testing of an employee for the presence of alcohol or a 31 controlled substance under this subsection shall be performed 32 in accordance with section 730.5. 33 7. Financial liability coverage. 34 a. An employer shall maintain financial liability coverage 35 -8- LSB 2300SS (4) 85 dea/nh 8/ 13

S.F. 335 in the amount of one million dollars per person, up to a 1 maximum of five million dollars, for each motor vehicle owned 2 or operated by the employer to transport railroad workers. 3 b. An employer shall maintain uninsured and underinsured 4 motor vehicle coverage in the amount of one million dollars 5 per motor vehicle occupant, up to a maximum of five million 6 dollars, for each motor vehicle owned or operated by the 7 employer to transport railroad workers. 8 5. 8. Rule violations. When the administrator finds that 9 a motor vehicle used to transport workers to and from their 10 places of employment or during the course of their employment 11 violates is not in compliance with this section or a rule 12 adopted under this section , the administrator shall make, 13 enter, and serve upon the owner of the motor vehicle an order 14 as necessary to protect the safety of workers transported in 15 the motor vehicle. The administrator may direct in the order, 16 as a condition to the continued use of the motor vehicle for 17 transporting workers to and from their places of employment or 18 during the course of their employment, that additions, repairs, 19 improvements, or changes be made and that safety devices and 20 safeguards be furnished and used as required to satisfy the 21 rules in the manner and within the time specified in the order. 22 The order may also require that any driver of the motor vehicle 23 satisfy the minimum standards for a driver under the this 24 section or rules adopted pursuant to this section . 25 9. Access provided to department. An employer shall provide 26 the department, or an agent or employee of the department, with 27 access to the following: 28 a. A facility owned or controlled by the employer, for the 29 purpose of determining compliance with this section. 30 b. Records related to an accident involving a vehicle owned 31 or operated by the employer. 32 6. 10. Penalty. 33 a. Violation Except as otherwise provided, a violation by 34 the owner of a motor vehicle of this section , a rule adopted 35 -9- LSB 2300SS (4) 85 dea/nh 9/ 13

S.F. 335 under this section , or an order issued under subsection 5 1 8 , or willful failure to comply with such an order is, upon 2 conviction, subject to a schedule “one” penalty as provided 3 under section 327C.5 . 4 b. A violation of subsection 5, or rules adopted pursuant to 5 subsection 5, by a railroad worker transportation company or a 6 railroad corporation is punishable as a schedule “one” penalty 7 under section 327C.5. 8 c. A railroad worker transportation company or a railroad 9 corporation that violates this section or a rule adopted 10 pursuant to this section may be subject to a civil penalty not 11 to exceed two thousand dollars in addition to any other penalty 12 provided by law. 13 d. Each violation of this section or a rule adopted pursuant 14 to this section constitutes a separate and distinct offense, 15 and for violations of a continuing nature, each day that a 16 violation continues constitutes a separate offense. 17 Sec. 3. Section 805.8A, subsection 13, paragraph b, Code 18 2013, is amended to read as follows: 19 b. For a violation under section 321.449 , or 321.449A, the 20 scheduled fine is fifty dollars. 21 EXPLANATION 22 This bill contains provisions relating to companies 23 that operate motor vehicles and employ drivers for the 24 transportation of railroad workers. 25 Under the bill, the term “employer” means a person engaged 26 in a business affecting interstate commerce who owns or leases 27 a commercial motor vehicle or assigns employees to operate 28 a commercial motor vehicle, including a railroad worker 29 transportation company. The term “employee” refers to a driver 30 who performs a service for a railroad worker transportation 31 company, either for wages or as an independent contractor. 32 The bill requires an employer to provide for annual 33 inspection of the employer’s motor vehicles by a qualified 34 person. In addition, each employee who drives a motor vehicle 35 -10- LSB 2300SS (4) 85 dea/nh 10/ 13

S.F. 335 must complete a daily written vehicle report. An employer is 1 also required to establish a maintenance and repair program 2 that includes weekly inspection of each motor vehicle, with a 3 focus on cleanliness and the condition of vehicle parts and 4 accessories specified in the bill. An employer is required to 5 maintain records relating to vehicle maintenance and repair for 6 one year, or for a vehicle no longer in the employer’s control, 7 for six months. 8 The bill provides that a person who drives a motor vehicle 9 transporting railroad workers is subject to hours-of-service 10 restrictions similar to those that apply to commercial 11 vehicle operators. The bill prohibits a driver from driving 12 for more than 10 hours following eight consecutive hours of 13 uninterrupted rest; prohibits driving such a motor vehicle 14 for any period after having been on duty for 15 hours 15 following eight consecutive hours of uninterrupted rest; and 16 prohibits accepting a call for service during a period of 17 uninterrupted rest. The bill provides detailed definitions 18 of “on duty” and “uninterrupted rest”. A driver who violates 19 the hours-of-service restrictions commits a simple misdemeanor 20 punishable by a scheduled fine of $50. This is the same 21 penalty that currently applies for hours-of-service violations 22 by commercial vehicle operators. 23 The bill prohibits an employer from requiring a driver to 24 operate a motor vehicle in violation of the hours-of-service 25 requirements established under the bill. An employer may 26 require a period of uninterrupted rest at any time and must 27 clearly communicate to a driver when a period of uninterrupted 28 rest is to begin. 29 The bill requires an employer to maintain a driver 30 qualification file for each employee that includes specified 31 documentation relating to the employee’s driving record 32 and employment record. The bill states that an employee is 33 disqualified from driving for an employer if the driver is 34 convicted of two or more serious traffic violations committed 35 -11- LSB 2300SS (4) 85 dea/nh 11/ 13

S.F. 335 within three years in Iowa or in any other state. For purposes 1 of the bill, “serious violation” includes operating while 2 intoxicated, a seat belt violation, a violation of commercial 3 motor vehicle laws, speeding more than 15 miles per hour 4 over the limit, negligent homicide, using a motor vehicle in 5 commission of a felony, evading arrest, using a motor vehicle 6 to flee law enforcement, careless driving, prohibited passing, 7 unlawfully passing a school bus, failure to obey a traffic 8 control signal or device, driving while suspended, and driving 9 the wrong way on a one-way street. 10 The bill requires drivers to be tested for the presence of 11 alcohol and controlled substances as a condition of employment. 12 In addition, an employer is required to have a driver tested 13 for alcohol and controlled substances following an accident 14 occurring in the course of the driver’s employment if the 15 accident involved the death of a person, or if the accident 16 resulted in bodily injury to a person or disabling damage to a 17 motor vehicle and the driver received a citation for a moving 18 violation. Grounds for disqualification of a driver include 19 a test result indicating an alcohol concentration above zero 20 or a controlled substance test result other than a verified 21 negative; refusing to provide a specimen for testing; or 22 adulteration, dilution, or substitution of a specimen. 23 The bill requires an employer to maintain financial 24 liability coverage in the amount of $1 million per person, up 25 to a maximum of $5 million per motor vehicle owned or operated 26 by the employer and uninsured or underinsured motorist coverage 27 in the amount of $1 million per motor vehicle occupant, up to a 28 maximum of $5 million per motor vehicle. 29 The bill requires an employer to provide the department of 30 transportation with access to the employer’s facilities and to 31 records relating to accidents involving the employer’s motor 32 vehicles. 33 Pursuant to current law, a violation of the provisions 34 relating to the transportation of railroad workers is 35 -12- LSB 2300SS (4) 85 dea/nh 12/ 13

S.F. 335 punishable by a schedule “one” penalty, which is a fine of 1 $100. The bill provides that a schedule “one” penalty also 2 applies to a violation of the provisions relating to rest 3 periods for drivers by a railroad corporation or a railroad 4 worker transportation company. The bill also allows an 5 additional civil penalty of up to $2,000 to be imposed for 6 any violation of the provisions of the bill by a railroad 7 corporation or a railroad worker transportation company. Each 8 violation of the provisions relating to the transportation of 9 railroad workers constitutes a separate and distinct offense, 10 and for violations of a continuing nature, each day that a 11 violation continues constitutes a separate offense. 12 -13- LSB 2300SS (4) 85 dea/nh 13/ 13