House File 120 - Introduced HOUSE FILE 120 BY WINDSCHITL A BILL FOR An Act concerning matters relating to the transportation of 1 railroad workers and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1954YH (4) 86 ns/nh
H.F. 120 Section 1. Section 327F.39, subsection 1, Code 2015, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . 0e. “Employee” , when used in connection 3 with the transportation of railroad workers, means a driver 4 who performs a service for the railroad worker transportation 5 company, either for wages or as an independent contractor. 6 NEW PARAGRAPH . 00e. “Employer” , when used in connection 7 with the transportation of railroad workers, means a railroad 8 worker transportation company. 9 Sec. 2. Section 327F.39, subsection 1, paragraph h, Code 10 2015, is amended to read as follows: 11 h. “Railroad worker transportation company” means a person, 12 other than a railroad corporation company , organized for the 13 purpose of or engaged in the business of transporting, for 14 hire, railroad workers to or from their places of employment or 15 in the course of their employment in motor vehicles designed to 16 carry seven five or more persons but fewer than sixteen persons 17 including the driver. 18 Sec. 3. Section 327F.39, subsection 3, Code 2015, is 19 amended by adding the following new paragraphs after unnumbered 20 paragraph 1: 21 NEW PARAGRAPH . a. An employer who owns or operates a 22 motor vehicle for the transportation of railroad workers 23 shall inspect the motor vehicle or cause the motor vehicle to 24 be inspected annually in compliance with 49 C.F.R. §396.17, 25 as amended, by a person qualified to perform the inspection 26 as provided in 49 C.F.R. §396.19, as amended. In addition, 27 the employer shall require each employee who drives a motor 28 vehicle for the transportation of railroad workers to complete 29 a written daily report as provided in 49 C.F.R. §396.11, as 30 amended. 31 NEW PARAGRAPH . b. An employer shall establish a maintenance 32 and repair program that provides for weekly inspection of each 33 motor vehicle operated by its employees for the transportation 34 of railroad workers to assure overall cleanliness of the motor 35 -1- LSB 1954YH (4) 86 ns/nh 1/ 10
H.F. 120 vehicle, that parts and accessories are in safe and operable 1 condition, and that the motor vehicle is equipped with all of 2 the following in good repair: 3 (1) Tires with sufficient tread as prescribed in 49 C.F.R. 4 §393.75, as amended. 5 (2) A fully inflated spare tire. 6 (3) A secure location for personal baggage, including 7 proper baggage restraints. 8 (4) Fully operational seatbelts for all passenger seats. 9 (5) If required by weather conditions, traction devices, 10 studs, or chains. 11 (6) A heater and air conditioner that are properly working 12 with properly working fans. 13 (7) An emergency road kit that contains, at a minimum, a 14 tire-inflating aerosol can, flares or reflective triangles, 15 jumper cables, and a fire extinguisher. 16 (8) A readily available first aid kit in compliance with 17 29 C.F.R. §1910.151, as amended, which includes the articles 18 described in appendix A of that section. 19 NEW PARAGRAPH . c. A motor vehicle used for the 20 transportation of railroad workers shall be equipped with an 21 operable amber flashing light mounted on the rear one-third 22 portion of the roof in order to provide warning to other 23 motorists whenever the vehicle has slowed or stopped on or near 24 the roadway. 25 NEW PARAGRAPH . d. A motor vehicle used for the 26 transportation of railroad workers shall not be operated in a 27 condition that is likely to cause an accident or a mechanical 28 breakdown. 29 NEW PARAGRAPH . e. An employer shall maintain records 30 relating to the maintenance and repair program for each motor 31 vehicle operated by its employees for the transportation of 32 railroad workers. The records shall include: 33 (1) Identifying information for the motor vehicle, 34 including the vehicle identification number; make, model, and 35 -2- LSB 1954YH (4) 86 ns/nh 2/ 10
H.F. 120 year of manufacture; and the railroad company’s identification 1 number if provided. 2 (2) Owner information if the employer is not the owner of 3 the vehicle. 4 (3) The history of inspections, repairs, and maintenance 5 that describes each activity and the date the activity was 6 performed. 7 NEW PARAGRAPH . f. Records required under this section shall 8 be maintained by an employer at its principal place of business 9 for one year. If a motor vehicle leaves the employer’s 10 control, the records pertaining to that vehicle shall be 11 maintained by the employer at the employer’s principal place of 12 business for six months. 13 NEW PARAGRAPH . g. An employer and the employer’s officers, 14 agents, and employees who are involved with the inspection or 15 maintenance of motor vehicles shall comply with the employer’s 16 maintenance and repair program as provided under this section. 17 Sec. 4. Section 327F.39, Code 2015, is amended by adding the 18 following new subsections: 19 NEW SUBSECTION . 5A. Driver qualifications. 20 a. An employer shall maintain a driver qualification 21 file for each employee who drives a motor vehicle for the 22 transportation of railroad workers. The driver qualification 23 file shall include all of the following: 24 (1) A certificate of physical examination signed and dated 25 within the previous two years by a physician licensed under 26 chapter 148 certifying that the employee is physically able to 27 operate a motor vehicle. 28 (2) Documentation that the employer has reviewed the 29 driver’s driving record within the previous twelve months. 30 (3) Documentation relating to the driver’s violation of any 31 applicable motor vehicle laws or ordinances. 32 (4) Other documentation related to the driver’s 33 qualification or ability to drive a motor vehicle. 34 (5) The driver’s application for employment as provided by 35 -3- LSB 1954YH (4) 86 ns/nh 3/ 10
H.F. 120 49 C.F.R. §391.21, as amended. 1 (6) References from previous employers, if required by the 2 current employer. 3 (7) A copy of the driver’s current class D driver’s license 4 or an equivalent driver’s license. 5 b. A person shall be disqualified from driving for an 6 employer if the driver is convicted of two or more serious 7 traffic violations committed within a three-year period in this 8 state or another state. For purposes of this section, “serious 9 traffic violation” means any violation committed while operating 10 a motor vehicle if the violation resulted in the suspension 11 or revocation of the person’s driver’s license, or any of the 12 following violations, whether or not the violation resulted in 13 license suspension or revocation: 14 (1) A violation of chapter 321J or an equivalent law of 15 another state. 16 (2) A seat belt violation. 17 (3) A violation of commercial motor vehicle laws. 18 (4) A speeding violation for a speed of fifteen miles per 19 hour or more over the legal limit. 20 (5) Negligent homicide. 21 (6) Using a motor vehicle in the commission of a felony. 22 (7) Evading arrest. 23 (8) Using a motor vehicle to flee law enforcement. 24 (9) Careless driving. 25 (10) Prohibited passing of another vehicle. 26 (11) Unlawfully passing a stopped school bus. 27 (12) Failure to obey an official traffic-control signal or 28 device. 29 (13) Failure to obey a railroad crossing gate. 30 (14) Driving while the person’s driver’s license or 31 operating privileges are suspended, canceled, or revoked. 32 (15) Driving the wrong way on a one-way street. 33 c. Prior to allowing a person to perform the duties of 34 a driver, an employer shall require the person to submit to 35 -4- LSB 1954YH (4) 86 ns/nh 4/ 10
H.F. 120 testing for alcohol and controlled substances as provided in 1 49 C.F.R. pts. 40 and 382, as amended. A person shall not be 2 allowed to perform the duties of a driver unless the alcohol 3 test result for the person indicates an alcohol concentration 4 of zero and the controlled substances test result from a 5 medical review officer, as discussed in 49 C.F.R. §40.3, as 6 amended, indicates a verified negative. 7 d. (1) As soon as practicable following an accident 8 involving a motor vehicle owned or operated by an employer, 9 the employer shall test each surviving driver for alcohol and 10 controlled substances if any of the following apply: 11 (a) The accident involved the death of a person. 12 (b) The driver received a citation for a moving violation 13 arising from the accident and the accident involved bodily 14 injury to a person who immediately received medical treatment 15 after the accident. 16 (c) The driver received a citation for a moving violation 17 arising from the accident and the accident involved disabling 18 damage to one or more motor vehicles involved in the accident. 19 (2) Testing for the presence of alcohol shall be conducted 20 immediately following the accident or no later than eight hours 21 after the accident. Testing for the presence of controlled 22 substances shall be conducted immediately following the 23 accident or no later than thirty-two hours after the accident. 24 The test results shall be submitted to the department. The 25 employer shall maintain a record of the test results for five 26 years following the date of the accident. 27 e. Notwithstanding any other provision, a person shall be 28 disqualified from driving for the employer upon the occurrence 29 of any of the following: 30 (1) The person’s alcohol and controlled substances test 31 results are not in compliance with paragraph “c” . 32 (2) The person refuses to provide a specimen for alcohol 33 testing, testing for controlled substances, or both. 34 (3) The person submits an adulterated specimen, a dilute 35 -5- LSB 1954YH (4) 86 ns/nh 5/ 10
H.F. 120 positive specimen, or a substituted specimen for an alcohol 1 test or a test for controlled substances. 2 f. Testing of an employee for the presence of alcohol or a 3 controlled substance under this subsection shall be performed 4 in accordance with section 730.5. 5 NEW SUBSECTION . 5B. Financial liability coverage. 6 a. An employer shall maintain financial liability coverage 7 in the amount of one million dollars per person, up to a 8 maximum of five million dollars, for each motor vehicle owned 9 or operated by the employer to transport railroad workers. 10 b. An employer shall maintain uninsured and underinsured 11 motor vehicle coverage in the amount of one million dollars 12 per motor vehicle occupant, up to a maximum of five million 13 dollars, for each motor vehicle owned or operated by the 14 employer to transport railroad workers. 15 Sec. 5. Section 327F.39, subsection 6, Code 2015, is amended 16 to read as follows: 17 6. Rule violations Violations . When the administrator 18 finds that a motor vehicle used to transport workers to and 19 from their places of employment or during the course of their 20 employment violates is not in compliance with this section or a 21 rule adopted under this section , the administrator shall make, 22 enter, and serve upon the owner of the motor vehicle an order 23 as necessary to protect the safety of workers transported in 24 the motor vehicle. The administrator may direct in the order, 25 as a condition to the continued use of the motor vehicle for 26 transporting workers to and from their places of employment or 27 during the course of their employment, that additions, repairs, 28 improvements, or changes be made and that safety devices and 29 safeguards be furnished and used as required to satisfy the 30 rules in the manner and within the time specified in the order. 31 The order may also require that any driver of the motor vehicle 32 satisfy the minimum standards for a driver under the this 33 section or rules adopted under this section . 34 Sec. 6. Section 327F.39, Code 2015, is amended by adding the 35 -6- LSB 1954YH (4) 86 ns/nh 6/ 10
H.F. 120 following new subsection: 1 NEW SUBSECTION . 6A. Access provided to department. An 2 employer shall provide the department, or an agent or employee 3 of the department, with access to the following: 4 a. A facility owned or controlled by the employer, for the 5 purpose of determining compliance with this section. 6 b. Records related to an accident involving a vehicle owned 7 or operated by the employer. 8 Sec. 7. Section 327F.39, subsection 7, Code 2015, is amended 9 to read as follows: 10 7. Penalty. 11 a. Violation Except as otherwise provided in this 12 subsection, a violation by the owner of a motor vehicle of this 13 section , a rule adopted under this section , or an order issued 14 under subsection 6 , or willful failure to comply with such an 15 order is, upon conviction, subject to a schedule “one” penalty 16 as provided under section 327C.5 . 17 b. A violation of subsection 5 or rules adopted pursuant 18 to subsection 5 by a railroad worker transportation company or 19 a railroad company is punishable as a schedule “one” penalty 20 under section 327C.5 . 21 c. A railroad worker transportation company or a railroad 22 company that violates this section or a rule adopted pursuant 23 to this section may be subject to a civil penalty not to exceed 24 two thousand dollars in addition to any other penalty provided 25 by law. 26 d. Each violation of this section or a rule adopted pursuant 27 to this section constitutes a separate and distinct offense, 28 and for violations of a continuing nature, each day that a 29 violation continues constitutes a separate offense. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill contains provisions relating to companies 34 that operate motor vehicles and employ drivers for the 35 -7- LSB 1954YH (4) 86 ns/nh 7/ 10
H.F. 120 transportation of railroad workers. 1 Under the bill, the term “employer” means a railroad worker 2 transportation company. The term “employee” refers to a driver 3 who performs a service for a railroad worker transportation 4 company, either for wages or as an independent contractor. 5 Current law defines “railroad worker transportation company” 6 as a company organized for the purpose of or engaged in the 7 business of transporting, for hire, railroad workers to or from 8 their places of employment or in the course of their employment 9 in motor vehicles designed to carry seven or more persons but 10 fewer than 16 persons including the driver. The bill alters 11 the definition to include motor vehicles designed to carry five 12 or more, but fewer than 16, persons. 13 The bill requires an employer to provide for annual 14 inspection of the employer’s motor vehicles by a qualified 15 person. In addition, each employee who drives a motor vehicle 16 must complete a daily written vehicle report. An employer is 17 also required to establish a maintenance and repair program 18 that includes weekly inspection of each motor vehicle, with a 19 focus on cleanliness and the condition of vehicle parts and 20 accessories specified in the bill. An employer is required to 21 maintain records relating to vehicle maintenance and repair for 22 one year, or for a vehicle no longer in the employer’s control, 23 for six months. 24 The bill requires an employer to maintain a driver 25 qualification file for each employee that includes specified 26 documentation relating to the employee’s driving record 27 and employment record. The bill states that an employee 28 is disqualified from driving for an employer if the driver 29 is convicted of two or more serious traffic violations 30 committed within three years in Iowa or in any other state. 31 For purposes of the bill, “serious traffic violation” means 32 any violation committed while operating a motor vehicle 33 if the violation resulted in suspension or revocation of 34 the person’s drivers license, or the following violations, 35 -8- LSB 1954YH (4) 86 ns/nh 8/ 10
H.F. 120 whether or not the violation resulted in license suspension 1 or revocation: operating while intoxicated, a seat belt 2 violation, a violation of commercial motor vehicle laws, 3 speeding more than 15 miles per hour over the limit, negligent 4 homicide, using a motor vehicle in commission of a felony, 5 evading arrest, using a motor vehicle to flee law enforcement, 6 careless driving, prohibited passing, unlawfully passing a 7 school bus, failure to obey a traffic control signal or device, 8 driving while suspended, and driving the wrong way on a one-way 9 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 -9- LSB 1954YH (4) 86 ns/nh 9/ 10
H.F. 120 punishable by a schedule “one” penalty, which is a fine of 1 $100. The bill allows an additional civil penalty of up to 2 $2,000 to be imposed for any violation of the provisions of the 3 bill by a railroad company or a railroad worker transportation 4 company. Each violation of the provisions relating to the 5 transportation of railroad workers constitutes a separate and 6 distinct offense, and for violations of a continuing nature, 7 each day that a violation continues constitutes a separate 8 offense. 9 -10- LSB 1954YH (4) 86 ns/nh 10/ 10