House File 382 - IntroducedA Bill ForAn Act 1concerning matters relating to the transportation of
2railroad workers, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 327F.39, subsection 1, Code 2019, is
2amended by adding the following new paragraphs:
3   NEW PARAGRAPH.  0e.  “Employee”, when used in connection
4with the transportation of railroad workers, means a driver
5who performs a service for the railroad worker transportation
6company, either for wages or as an independent contractor.
7   NEW PARAGRAPH.  00e.  “Employer”, when used in connection
8with the transportation of railroad workers, means a railroad
9worker transportation company.
10   Sec. 2.  Section 327F.39, subsection 1, paragraph h, Code
112019, is amended to read as follows:
   12h.  “Railroad worker transportation company” means a person,
13other than a railroad corporation company, organized for the
14purpose of or engaged in the business of transporting, for
15hire, railroad workers to or from their places of employment or
16in the course of their employment in motor vehicles designed
17to carry seven or more persons but fewer than sixteen persons
18including the driver.
19   Sec. 3.  Section 327F.39, subsection 3, Code 2019, is
20amended by adding the following new paragraphs after unnumbered
21paragraph 1:
22   NEW PARAGRAPH.  a.  An employer who owns or operates a
23motor vehicle for the transportation of railroad workers shall
24inspect the motor vehicle or cause the motor vehicle to be
25inspected annually in compliance with 49 C.F.R. §396.17, by a
26person qualified to perform the inspection as provided in 49
27C.F.R. §396.19. In addition, the employer shall require each
28employee who drives a motor vehicle for the transportation of
29railroad workers to complete a written daily report as provided
30in 49 C.F.R. §396.11.
31   NEW PARAGRAPH.  b.  An employer shall establish a maintenance
32and repair program that provides for inspection of each motor
33vehicle operated by its employees for the transportation of
34railroad workers prior to the first service of the vehicle
35and at each twenty-five-thousand-mile interval thereafter,
-1-1to assure overall cleanliness of the vehicle, that parts and
2accessories are in safe and operable condition, and that the
3vehicle is equipped with all of the following in good repair:
   4(1)  Tires with sufficient tread as prescribed in 49 C.F.R.
5§393.75.
   6(2)  A fully inflated spare tire.
   7(3)  A secure location for personal baggage, including
8proper baggage restraints.
   9(4)  Fully operational safety belts or safety harnesses for
10all passenger seats.
   11(5)  A heater and air conditioner that are properly working,
12including properly working fans.
   13(6)  An emergency road kit that contains, at a minimum,
14flares or reflective triangles, a fire extinguisher, and a
15readily available first aid kit in compliance with 29 C.F.R.
16§1910.151, which includes the articles described in appendix
17A of that section.
18   NEW PARAGRAPH.  c.  The operator of a motor vehicle used
19for the transportation of railroad workers shall activate the
20vehicle’s emergency signal lamps when the vehicle is stopped
21on or near the roadway.
22   NEW PARAGRAPH.  d.  A motor vehicle used for the
23transportation of railroad workers shall not be operated in a
24condition that is likely to cause an accident or a mechanical
25breakdown.
26   NEW PARAGRAPH.  e.  An employer shall maintain records
27relating to the maintenance and repair program for each motor
28vehicle operated by its employees for the transportation
29of railroad workers. The records shall include all of the
30following:
   31(1)  Identifying information for the motor vehicle,
32including the vehicle identification number; make, model, and
33year of manufacture; and the railroad company’s identification
34number, if provided.
   35(2)  Owner information if the employer is not the owner of
-2-1the vehicle.
   2(3)  The history of inspections, repairs, and maintenance
3that describes each activity and the date the activity was
4performed.
5   NEW PARAGRAPH.  f.  Records required under this subsection
6shall be maintained by an employer at the employer’s principal
7place of business for one year. If a motor vehicle leaves the
8employer’s control, the records pertaining to that vehicle
9shall be maintained by the employer at the employer’s principal
10place of business for six months.
11   NEW PARAGRAPH.  g.  An employer and the employer’s officers,
12agents, and employees who are involved with the inspection
13or maintenance of motor vehicles shall comply with the
14employer’s maintenance and repair program as provided under
15this subsection.
16   NEW PARAGRAPH.  h.  A motor vehicle used by a railroad worker
17transportation company to transport railroad workers shall have
18signage on each side and on the rear of the vehicle containing
19the words “railroad worker transportation company” in letters
20no smaller than one inch in height.
21   Sec. 4.  Section 327F.39, Code 2019, is amended by adding the
22following new subsections:
23   NEW SUBSECTION.  5A.  Driver qualifications.
   24a.  An employer shall maintain a driver qualification
25file for each employee who drives a motor vehicle for the
26transportation of railroad workers. The driver qualification
27file shall include all of the following:
   28(1)  A certificate of physical examination signed and dated
29within the previous two years by a physician licensed under
30chapter 148 certifying that the employee is physically able to
31operate a motor vehicle.
   32(2)  Documentation that the employer has reviewed the
33driver’s driving record within the previous twelve months.
   34(3)  Documentation relating to the driver’s violation of any
35applicable motor vehicle laws or ordinances.
-3-
   1(4)  Other documentation related to the driver’s
2qualification or ability to drive a motor vehicle.
   3(5)  The driver’s application for employment as provided by
449 C.F.R. §391.21.
   5(6)  References from previous employers, if required by the
6current employer.
   7(7)  A copy of the driver’s current class D driver’s license
8or an equivalent driver’s license.
   9b.  A person shall be disqualified from driving for an
10employer if the driver is convicted of two or more serious
11traffic violations committed within a three-year period in this
12state or another state. For purposes of this section, “serious
13traffic violation”
means any violation committed while operating
14a motor vehicle if the violation resulted in the suspension
15or revocation of the person’s driver’s license, or any of the
16following violations, whether or not the violation resulted in
17driver’s license suspension or revocation:
   18(1)  A violation of chapter 321J or an equivalent law of
19another state.
   20(2)  A safety belt or safety harness violation.
   21(3)  A violation of commercial motor vehicle laws.
   22(4)  A speeding violation for a speed of fifteen miles per
23hour or more over the legal limit.
   24(5)  Negligent homicide.
   25(6)  Using a motor vehicle in the commission of a felony.
   26(7)  Evading arrest.
   27(8)  Using a motor vehicle to flee law enforcement.
   28(9)  Careless driving.
   29(10)  Prohibited passing of another vehicle.
   30(11)  Unlawfully passing a stopped school bus.
   31(12)  Failure to obey an official traffic-control signal or
32device.
   33(13)  Failure to obey a railroad crossing gate.
   34(14)  Driving while the person’s driver’s license or
35operating privilege is suspended, canceled, revoked, denied,
-4-1or barred.
   2(15)  Driving the wrong way on a one-way street.
   3c.  Prior to allowing a person to perform the duties of
4a driver, an employer shall require the person to submit to
5testing for alcohol and controlled substances as provided in
649 C.F.R. pts.40 and 382. A person shall not be allowed to
7perform the duties of a driver unless the alcohol test result
8for the person indicates an alcohol concentration of zero and
9the controlled substances test result from a medical review
10officer, as defined in 49 C.F.R. §40.3, indicates a verified
11negative.
   12d.  (1)  As soon as practicable following an accident
13involving a motor vehicle owned or operated by an employer,
14the employer shall test each surviving driver for alcohol and
15controlled substances if any of the following apply:
   16(a)  The accident involved the death of a person.
   17(b)  The driver received a citation for a moving violation
18arising from the accident and the accident involved bodily
19injury to a person who immediately received medical treatment
20after the accident.
   21(c)  The driver received a citation for a moving violation
22arising from the accident and the accident involved disabling
23damage to one or more motor vehicles involved in the accident.
   24(2)  Testing for the presence of alcohol shall be conducted
25immediately following the accident or no later than eight hours
26after the accident. Testing for the presence of controlled
27substances shall be conducted immediately following the
28accident or no later than thirty-two hours after the accident.
29The test results shall be submitted to the department. The
30employer shall maintain a record of the test results for five
31years following the date of the accident.
   32e.  A person shall be disqualified from driving for the
33employer upon the occurrence of any of the following:
   34(1)  The person’s alcohol and controlled substances test
35results are not in compliance with paragraph “c”.
-5-
   1(2)  The person refuses to provide a specimen for alcohol
2testing, testing for controlled substances, or both.
   3(3)  The person submits an adulterated specimen, a dilute
4positive specimen, or a substituted specimen for an alcohol
5test or a test for controlled substances.
   6f.  Testing of an employee for the presence of alcohol or a
7controlled substance under this subsection shall be performed
8in accordance with section 730.5.
9   NEW SUBSECTION.  5B.  Financial liability coverage.
   10a.  An employer shall maintain financial liability coverage
11in the amount of five hundred thousand dollars because of
12bodily injury to or death of one person in any one accident,
13and subject to the limit for one person, three million dollars
14because of bodily injury to or death of two or more persons in
15any one accident, for each motor vehicle owned or operated by
16the employer to transport railroad workers.
   17b.  An employer shall maintain uninsured, underinsured, and
18hit-and-run motor vehicle coverage in the amounts specified in
19paragraph “a”, for each motor vehicle owned or operated by the
20employer to transport railroad workers.
21   Sec. 5.  Section 327F.39, subsection 6, Code 2019, is amended
22to read as follows:
   236.  Rule violations Violations.  When the administrator
24finds that a motor vehicle used to transport workers to and
25from their places of employment or during the course of their
26employment violates is not in compliance with this section or a
27rule adopted under this section, the administrator shall make,
28enter, and serve upon the owner of the motor vehicle an order
29as necessary to protect the safety of workers transported in
30the motor vehicle. The administrator may direct in the order,
31as a condition to the continued use of the motor vehicle for
32transporting workers to and from their places of employment or
33during the course of their employment, that additions, repairs,
34improvements, or changes be made and that safety devices and
35safeguards be furnished and used as required to satisfy the
-6-1rules in the manner and within the time specified in the order.
2The order may also require that any driver of the motor vehicle
3satisfy the minimum standards for a driver under the this
4section or
rules adopted under this section.
5   Sec. 6.  Section 327F.39, Code 2019, is amended by adding the
6following new subsection:
7   NEW SUBSECTION.  6A.  Access provided to department.  An
8employer shall provide the department, or an agent or employee
9of the department, with access to the following:
   10a.  A facility owned or controlled by the employer, for the
11purpose of determining compliance with this section.
   12b.  Records related to an accident involving a vehicle owned
13or operated by the employer.
14   Sec. 7.  Section 327F.39, subsection 7, Code 2019, is amended
15to read as follows:
   167.  Penalty.
   17a.  Violation Except as otherwise provided in this
18subsection, a violation
by the owner of a motor vehicle of this
19section, a rule adopted under this section, or an order issued
20under subsection 6, or willful failure to comply with such an
21order is, upon conviction, subject to a schedule “one” penalty
22as provided under section 327C.5.
   23b.  A violation of subsection 5 or rules adopted pursuant
24to subsection 5 by a railroad worker transportation company or
25a railroad company is punishable as a schedule “one” penalty
26under section 327C.5.
   27c.  A railroad worker transportation company or a railroad
28company that violates this section or a rule adopted pursuant
29to this section may be subject to a civil penalty not to exceed
30two thousand dollars in addition to any other penalty provided
31by law.
   32d.  Each violation of this section or a rule adopted pursuant
33to this section constitutes a separate and distinct offense,
34and for violations of a continuing nature, each day that a
35violation continues constitutes a separate offense.
-7-
1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
   4This bill relates to companies that operate motor vehicles
5and employ drivers for the transportation of railroad workers.
   6Under the bill, the term employer means a railroad worker
7transportation company. The term employee refers to a driver
8who performs a service for a railroad worker transportation
9company, either for wages or as an independent contractor.
   10The bill requires an employer to provide for annual
11inspection of the employer’s motor vehicles by a qualified
12person. In addition, each employee who drives a motor vehicle
13must complete a daily written vehicle report. An employer is
14also required to establish a maintenance and repair program
15that includes inspection of each motor vehicle prior to the
16first service of the vehicle and at each 25,000-mile interval
17thereafter, with such inspections focusing on cleanliness and
18the condition of vehicle parts and accessories specified in the
19bill. An employer is required to maintain records relating to
20vehicle maintenance and repair for one year, or for a vehicle
21no longer in the employer’s control, six months. The bill
22further requires a motor vehicle used by a railroad worker
23transportation company to transport railroad workers to have
24signage on each side and on the rear of the vehicle containing
25the words “railroad worker transportation company” in letters
26no smaller than one inch in height.
   27The bill requires an employer to maintain a driver
28qualification file for each employee that includes specified
29documentation relating to the employee’s driving record
30and employment record. The bill states that an employee is
31disqualified from driving for an employer if the driver is
32convicted of two or more serious traffic violations committed
33within three years in Iowa or in any other state. For purposes
34of the bill, serious traffic violation means any violation
35committed while operating a motor vehicle if the violation
-8-1resulted in suspension or revocation of the person’s driver’s
2license, or certain violations specified in the bill, whether
3or not the violation resulted in license suspension or
4revocation.
   5The bill requires drivers to be tested for the presence of
6alcohol and controlled substances as a condition of employment.
7In addition, an employer is required to have a driver tested
8for alcohol and controlled substances following certain
9accidents occurring in the course of the driver’s employment.
10Grounds for disqualification of a driver include a test result
11indicating an alcohol concentration above zero or a controlled
12substance test result other than a verified negative; refusing
13to provide a specimen for testing; or adulteration, dilution,
14or substitution of a specimen.
   15The bill requires an employer to maintain financial
16liability coverage in the amount of $500,000 per person, up to
17a maximum of $3 million per motor vehicle owned or operated
18by the employer, and uninsured, underinsured, and hit-and-run
19motorist coverage in the same amounts.
   20The bill requires an employer to provide the department of
21transportation with access to the employer’s facilities and to
22records relating to accidents involving the employer’s motor
23vehicles.
   24Pursuant to current law, a violation of the provisions
25relating to the transportation of railroad workers is
26punishable by a schedule “one” penalty, which is a fine of
27$100. The bill allows an additional civil penalty of up
28to $2,000 to be imposed for any violation of the bill by a
29railroad company or a railroad worker transportation company.
30Each violation of the provisions relating to the transportation
31of railroad workers constitutes a separate and distinct
32offense, and for violations of a continuing nature, each day
33that a violation continues constitutes a separate offense.
-9-
ns/rh