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House Study Bill 124 - 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 2017, 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
112017, 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 2017, 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
24shall inspect the motor vehicle or cause the motor vehicle to
25be inspected annually in compliance with 49 C.F.R. §396.17,
26as amended, by a person qualified to perform the inspection
27as provided in 49 C.F.R. §396.19, as amended. In addition,
28the employer shall require each employee who drives a motor
29vehicle for the transportation of railroad workers to complete
30a written daily report as provided in 49 C.F.R. §396.11, as
31amended.
32 NEW PARAGRAPH. b. An employer shall establish a maintenance
33and repair program that provides for inspection of each motor
34vehicle operated by its employees for the transportation of
35railroad workers prior to the first service of the vehicle
-1-1and at each twenty-five-thousand-mile interval thereafter,
2to assure overall cleanliness of the vehicle, that parts and
3accessories are in safe and operable condition, and that the
4vehicle is equipped with all of the following in good repair:
5(1) Tires with sufficient tread as prescribed in 49 C.F.R.
6§393.75, as amended.
7(2) A fully inflated spare tire.
8(3) A secure location for personal baggage, including
9proper baggage restraints.
10(4) Fully operational seatbelts for all passenger seats.
11(5) A heater and air conditioner that are properly working
12with 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, as amended, which includes the articles described
17in appendix A 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 of
29railroad workers. The records shall include:
30(1) Identifying information for the motor vehicle,
31including the vehicle identification number; make, model, and
32year of manufacture; and the railroad company’s identification
33number if provided.
34(2) Owner information if the employer is not the owner of
35the vehicle.
-2- 1(3) The history of inspections, repairs, and maintenance
2that describes each activity and the date the activity was
3performed.
4 NEW PARAGRAPH. f. Records required under this section shall
5be maintained by an employer at its principal place of business
6for one year. If a motor vehicle leaves the employer’s
7control, the records pertaining to that vehicle shall be
8maintained by the employer at the employer’s principal place of
9business for six months.
10 NEW PARAGRAPH. g. An employer and the employer’s officers,
11agents, and employees who are involved with the inspection or
12maintenance of motor vehicles shall comply with the employer’s
13maintenance and repair program as provided under this section.
14 NEW PARAGRAPH. h. A motor vehicle used by a railroad worker
15transportation company to transport railroad workers shall have
16signage on each side and on the rear of the vehicle containing
17the words “railroad worker transportation company” in letters
18no smaller than one inch in height.
19 Sec. 4. Section 327F.39, Code 2017, is amended by adding the
20following new subsections:
21 NEW SUBSECTION. 5A. Driver qualifications.
22a. An employer shall maintain a driver qualification
23file for each employee who drives a motor vehicle for the
24transportation of railroad workers. The driver qualification
25file shall include all of the following:
26(1) A certificate of physical examination signed and dated
27within the previous two years by a physician licensed under
28chapter 148 certifying that the employee is physically able to
29operate a motor vehicle.
30(2) Documentation that the employer has reviewed the
31driver’s driving record within the previous twelve months.
32(3) Documentation relating to the driver’s violation of any
33applicable motor vehicle laws or ordinances.
34(4) Other documentation related to the driver’s
35qualification or ability to drive a motor vehicle.
-3- 1(5) The driver’s application for employment as provided by
249 C.F.R. §391.21, as amended.
3(6) References from previous employers, if required by the
4current employer.
5(7) A copy of the driver’s current class D driver’s license
6or an equivalent driver’s license.
7b. A person shall be disqualified from driving for an
8employer if the driver is convicted of two or more serious
9traffic violations committed within a three-year period in this
10state or another state. For purposes of this section, “serious
11traffic violation” means any violation committed while operating
12a motor vehicle if the violation resulted in the suspension
13or revocation of the person’s driver’s license, or any of the
14following violations, whether or not the violation resulted in
15license suspension or revocation:
16(1) A violation of chapter 321J or an equivalent law of
17another state.
18(2) A seat belt violation.
19(3) A violation of commercial motor vehicle laws.
20(4) A speeding violation for a speed of fifteen miles per
21hour or more over the legal limit.
22(5) Negligent homicide.
23(6) Using a motor vehicle in the commission of a felony.
24(7) Evading arrest.
25(8) Using a motor vehicle to flee law enforcement.
26(9) Careless driving.
27(10) Prohibited passing of another vehicle.
28(11) Unlawfully passing a stopped school bus.
29(12) Failure to obey an official traffic-control signal or
30device.
31(13) Failure to obey a railroad crossing gate.
32(14) Driving while the person’s driver’s license or
33operating privileges are suspended, canceled, or revoked.
34(15) Driving the wrong way on a one-way street.
35c. Prior to allowing a person to perform the duties of
-4-1a driver, an employer shall require the person to submit to
2testing for alcohol and controlled substances as provided in
349 C.F.R. pts.40 and 382, as amended. A person shall not be
4allowed to perform the duties of a driver unless the alcohol
5test result for the person indicates an alcohol concentration
6of zero and the controlled substances test result from a
7medical review officer, as discussed in 49 C.F.R. §40.3, as
8amended, indicates a verified negative.
9d. (1) As soon as practicable following an accident
10involving a motor vehicle owned or operated by an employer,
11the employer shall test each surviving driver for alcohol and
12controlled substances if any of the following apply:
13(a) The accident involved the death of a person.
14(b) The driver received a citation for a moving violation
15arising from the accident and the accident involved bodily
16injury to a person who immediately received medical treatment
17after the accident.
18(c) The driver received a citation for a moving violation
19arising from the accident and the accident involved disabling
20damage to one or more motor vehicles involved in the accident.
21(2) Testing for the presence of alcohol shall be conducted
22immediately following the accident or no later than eight hours
23after the accident. Testing for the presence of controlled
24substances shall be conducted immediately following the
25accident or no later than thirty-two hours after the accident.
26The test results shall be submitted to the department. The
27employer shall maintain a record of the test results for five
28years following the date of the accident.
29e. Notwithstanding any other provision, a person shall be
30disqualified from driving for the employer upon the occurrence
31of any of the following:
32(1) The person’s alcohol and controlled substances test
33results are not in compliance with paragraph “c”.
34(2) The person refuses to provide a specimen for alcohol
35testing, testing for controlled substances, or both.
-5- 1(3) The person submits an adulterated specimen, a dilute
2positive specimen, or a substituted specimen for an alcohol
3test or a test for controlled substances.
4f. Testing of an employee for the presence of alcohol or a
5controlled substance under this subsection shall be performed
6in accordance with section 730.5.
7 NEW SUBSECTION. 5B. Financial liability coverage.
8a. An employer shall maintain financial liability coverage
9in the amount of five hundred thousand dollars per person,
10up to a maximum of three million dollars, for each motor
11vehicle owned or operated by the employer to transport railroad
12workers.
13b. An employer shall maintain uninsured and underinsured
14motor vehicle coverage in the amount of five hundred thousand
15dollars per motor vehicle occupant, up to a maximum of three
16million dollars, for each motor vehicle owned or operated by
17the employer to transport railroad workers.
18 Sec. 5. Section 327F.39, subsection 6, Code 2017, is amended
19to read as follows:
206. Rule violations Violations. When the administrator
21finds that a motor vehicle used to transport workers to and
22from their places of employment or during the course of their
23employment violates is not in compliance with this section or a
24rule adopted under this section, the administrator shall make,
25enter, and serve upon the owner of the motor vehicle an order
26as necessary to protect the safety of workers transported in
27the motor vehicle. The administrator may direct in the order,
28as a condition to the continued use of the motor vehicle for
29transporting workers to and from their places of employment or
30during the course of their employment, that additions, repairs,
31improvements, or changes be made and that safety devices and
32safeguards be furnished and used as required to satisfy the
33rules in the manner and within the time specified in the order.
34The order may also require that any driver of the motor vehicle
35satisfy the minimum standards for a driver under the this
-6-1section or rules adopted under this section.
2 Sec. 6. Section 327F.39, Code 2017, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 6A. Access provided to department. An
5employer shall provide the department, or an agent or employee
6of the department, with access to the following:
7a. A facility owned or controlled by the employer, for the
8purpose of determining compliance with this section.
9b. Records related to an accident involving a vehicle owned
10or operated by the employer.
11 Sec. 7. Section 327F.39, subsection 7, Code 2017, is amended
12to read as follows:
137. Penalty.
14a. Violation Except as otherwise provided in this
15subsection, a violation by the owner of a motor vehicle of this
16section, a rule adopted under this section, or an order issued
17under subsection 6, or willful failure to comply with such an
18order is, upon conviction, subject to a schedule “one” penalty
19as provided under section 327C.5.
20b. A violation of subsection 5 or rules adopted pursuant
21to subsection 5 by a railroad worker transportation company or
22a railroad company is punishable as a schedule “one” penalty
23under section 327C.5.
24c. A railroad worker transportation company or a railroad
25company that violates this section or a rule adopted pursuant
26to this section may be subject to a civil penalty not to exceed
27two thousand dollars in addition to any other penalty provided
28by law.
29d. Each violation of this section or a rule adopted pursuant
30to this section constitutes a separate and distinct offense,
31and for violations of a continuing nature, each day that a
32violation continues constitutes a separate offense.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-7- 1This bill contains provisions relating to companies
2that operate motor vehicles and employ drivers for the
3transportation of railroad workers.
4Under the bill, the term “employer” means a railroad worker
5transportation company. The term “employee” refers to a driver
6who performs a service for a railroad worker transportation
7company, either for wages or as an independent contractor.
8The bill requires an employer to provide for annual
9inspection of the employer’s motor vehicles by a qualified
10person. In addition, each employee who drives a motor vehicle
11must complete a daily written vehicle report. An employer is
12also required to establish a maintenance and repair program
13that includes inspection of each motor vehicle prior to the
14first service of the vehicle and at each 25,000-mile interval
15thereafter, with such inspections focusing on cleanliness and
16the condition of vehicle parts and accessories specified in the
17bill. An employer is required to maintain records relating to
18vehicle maintenance and repair for one year, or for a vehicle
19no longer in the employer’s control, for six months. The bill
20further requires a motor vehicle used by a railroad worker
21transportation company to transport railroad workers to have
22signage on each side and on the rear of the vehicle containing
23the words “railroad worker transportation company” in letters
24no smaller than one inch in height.
25The bill requires an employer to maintain a driver
26qualification file for each employee that includes specified
27documentation relating to the employee’s driving record
28and employment record. The bill states that an employee
29is disqualified from driving for an employer if the driver
30is convicted of two or more serious traffic violations
31committed within three years in Iowa or in any other state.
32For purposes of the bill, “serious traffic violation” means
33any violation committed while operating a motor vehicle if
34the violation resulted in suspension or revocation of the
35person’s driver’s license, or the following violations,
-8-1whether or not the violation resulted in license suspension
2or revocation: operating while intoxicated, a seat belt
3violation, a violation of commercial motor vehicle laws,
4speeding more than 15 miles per hour over the limit, negligent
5homicide, using a motor vehicle in commission of a felony,
6evading arrest, using a motor vehicle to flee law enforcement,
7careless driving, prohibited passing, unlawfully passing a
8school bus, failure to obey a traffic control signal or device,
9driving while suspended, and driving the wrong way on a one-way
10street.
11The bill requires drivers to be tested for the presence of
12alcohol and controlled substances as a condition of employment.
13In addition, an employer is required to have a driver tested
14for alcohol and controlled substances following an accident
15occurring in the course of the driver’s employment if the
16accident involved the death of a person, or if the accident
17resulted in bodily injury to a person or disabling damage to a
18motor vehicle and the driver received a citation for a moving
19violation. Grounds for disqualification of a driver include
20a test result indicating an alcohol concentration above zero
21or a controlled substance test result other than a verified
22negative; refusing to provide a specimen for testing; or
23adulteration, dilution, or substitution of a specimen.
24The bill requires an employer to maintain financial
25liability coverage in the amount of $500,000 per person, up to
26a maximum of $3 million per motor vehicle owned or operated by
27the employer, and uninsured or underinsured motorist coverage
28in the amount of $500,000 per motor vehicle occupant, up to a
29maximum of $3 million per motor vehicle.
30The bill requires an employer to provide the department of
31transportation with access to the employer’s facilities and to
32records relating to accidents involving the employer’s motor
33vehicles.
34Pursuant to current law, a violation of the provisions
35relating to the transportation of railroad workers is
-9-1punishable by a schedule “one” penalty, which is a fine of
2$100. The bill allows an additional civil penalty of up to
3$2,000 to be imposed for any violation of the provisions of the
4bill by a railroad company or a railroad worker transportation
5company. Each violation of the provisions relating to the
6transportation of railroad workers constitutes a separate and
7distinct offense, and for violations of a continuing nature,
8each day that a violation continues constitutes a separate
9offense.
-10-ns/nh
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 2017, 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
112017, 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 2017, 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
24shall inspect the motor vehicle or cause the motor vehicle to
25be inspected annually in compliance with 49 C.F.R. §396.17,
26as amended, by a person qualified to perform the inspection
27as provided in 49 C.F.R. §396.19, as amended. In addition,
28the employer shall require each employee who drives a motor
29vehicle for the transportation of railroad workers to complete
30a written daily report as provided in 49 C.F.R. §396.11, as
31amended.
32 NEW PARAGRAPH. b. An employer shall establish a maintenance
33and repair program that provides for inspection of each motor
34vehicle operated by its employees for the transportation of
35railroad workers prior to the first service of the vehicle
-1-1and at each twenty-five-thousand-mile interval thereafter,
2to assure overall cleanliness of the vehicle, that parts and
3accessories are in safe and operable condition, and that the
4vehicle is equipped with all of the following in good repair:
5(1) Tires with sufficient tread as prescribed in 49 C.F.R.
6§393.75, as amended.
7(2) A fully inflated spare tire.
8(3) A secure location for personal baggage, including
9proper baggage restraints.
10(4) Fully operational seatbelts for all passenger seats.
11(5) A heater and air conditioner that are properly working
12with 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, as amended, which includes the articles described
17in appendix A 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 of
29railroad workers. The records shall include:
30(1) Identifying information for the motor vehicle,
31including the vehicle identification number; make, model, and
32year of manufacture; and the railroad company’s identification
33number if provided.
34(2) Owner information if the employer is not the owner of
35the vehicle.
-2- 1(3) The history of inspections, repairs, and maintenance
2that describes each activity and the date the activity was
3performed.
4 NEW PARAGRAPH. f. Records required under this section shall
5be maintained by an employer at its principal place of business
6for one year. If a motor vehicle leaves the employer’s
7control, the records pertaining to that vehicle shall be
8maintained by the employer at the employer’s principal place of
9business for six months.
10 NEW PARAGRAPH. g. An employer and the employer’s officers,
11agents, and employees who are involved with the inspection or
12maintenance of motor vehicles shall comply with the employer’s
13maintenance and repair program as provided under this section.
14 NEW PARAGRAPH. h. A motor vehicle used by a railroad worker
15transportation company to transport railroad workers shall have
16signage on each side and on the rear of the vehicle containing
17the words “railroad worker transportation company” in letters
18no smaller than one inch in height.
19 Sec. 4. Section 327F.39, Code 2017, is amended by adding the
20following new subsections:
21 NEW SUBSECTION. 5A. Driver qualifications.
22a. An employer shall maintain a driver qualification
23file for each employee who drives a motor vehicle for the
24transportation of railroad workers. The driver qualification
25file shall include all of the following:
26(1) A certificate of physical examination signed and dated
27within the previous two years by a physician licensed under
28chapter 148 certifying that the employee is physically able to
29operate a motor vehicle.
30(2) Documentation that the employer has reviewed the
31driver’s driving record within the previous twelve months.
32(3) Documentation relating to the driver’s violation of any
33applicable motor vehicle laws or ordinances.
34(4) Other documentation related to the driver’s
35qualification or ability to drive a motor vehicle.
-3- 1(5) The driver’s application for employment as provided by
249 C.F.R. §391.21, as amended.
3(6) References from previous employers, if required by the
4current employer.
5(7) A copy of the driver’s current class D driver’s license
6or an equivalent driver’s license.
7b. A person shall be disqualified from driving for an
8employer if the driver is convicted of two or more serious
9traffic violations committed within a three-year period in this
10state or another state. For purposes of this section, “serious
11traffic violation” means any violation committed while operating
12a motor vehicle if the violation resulted in the suspension
13or revocation of the person’s driver’s license, or any of the
14following violations, whether or not the violation resulted in
15license suspension or revocation:
16(1) A violation of chapter 321J or an equivalent law of
17another state.
18(2) A seat belt violation.
19(3) A violation of commercial motor vehicle laws.
20(4) A speeding violation for a speed of fifteen miles per
21hour or more over the legal limit.
22(5) Negligent homicide.
23(6) Using a motor vehicle in the commission of a felony.
24(7) Evading arrest.
25(8) Using a motor vehicle to flee law enforcement.
26(9) Careless driving.
27(10) Prohibited passing of another vehicle.
28(11) Unlawfully passing a stopped school bus.
29(12) Failure to obey an official traffic-control signal or
30device.
31(13) Failure to obey a railroad crossing gate.
32(14) Driving while the person’s driver’s license or
33operating privileges are suspended, canceled, or revoked.
34(15) Driving the wrong way on a one-way street.
35c. Prior to allowing a person to perform the duties of
-4-1a driver, an employer shall require the person to submit to
2testing for alcohol and controlled substances as provided in
349 C.F.R. pts.40 and 382, as amended. A person shall not be
4allowed to perform the duties of a driver unless the alcohol
5test result for the person indicates an alcohol concentration
6of zero and the controlled substances test result from a
7medical review officer, as discussed in 49 C.F.R. §40.3, as
8amended, indicates a verified negative.
9d. (1) As soon as practicable following an accident
10involving a motor vehicle owned or operated by an employer,
11the employer shall test each surviving driver for alcohol and
12controlled substances if any of the following apply:
13(a) The accident involved the death of a person.
14(b) The driver received a citation for a moving violation
15arising from the accident and the accident involved bodily
16injury to a person who immediately received medical treatment
17after the accident.
18(c) The driver received a citation for a moving violation
19arising from the accident and the accident involved disabling
20damage to one or more motor vehicles involved in the accident.
21(2) Testing for the presence of alcohol shall be conducted
22immediately following the accident or no later than eight hours
23after the accident. Testing for the presence of controlled
24substances shall be conducted immediately following the
25accident or no later than thirty-two hours after the accident.
26The test results shall be submitted to the department. The
27employer shall maintain a record of the test results for five
28years following the date of the accident.
29e. Notwithstanding any other provision, a person shall be
30disqualified from driving for the employer upon the occurrence
31of any of the following:
32(1) The person’s alcohol and controlled substances test
33results are not in compliance with paragraph “c”.
34(2) The person refuses to provide a specimen for alcohol
35testing, testing for controlled substances, or both.
-5- 1(3) The person submits an adulterated specimen, a dilute
2positive specimen, or a substituted specimen for an alcohol
3test or a test for controlled substances.
4f. Testing of an employee for the presence of alcohol or a
5controlled substance under this subsection shall be performed
6in accordance with section 730.5.
7 NEW SUBSECTION. 5B. Financial liability coverage.
8a. An employer shall maintain financial liability coverage
9in the amount of five hundred thousand dollars per person,
10up to a maximum of three million dollars, for each motor
11vehicle owned or operated by the employer to transport railroad
12workers.
13b. An employer shall maintain uninsured and underinsured
14motor vehicle coverage in the amount of five hundred thousand
15dollars per motor vehicle occupant, up to a maximum of three
16million dollars, for each motor vehicle owned or operated by
17the employer to transport railroad workers.
18 Sec. 5. Section 327F.39, subsection 6, Code 2017, is amended
19to read as follows:
206. Rule violations Violations. When the administrator
21finds that a motor vehicle used to transport workers to and
22from their places of employment or during the course of their
23employment violates is not in compliance with this section or a
24rule adopted under this section, the administrator shall make,
25enter, and serve upon the owner of the motor vehicle an order
26as necessary to protect the safety of workers transported in
27the motor vehicle. The administrator may direct in the order,
28as a condition to the continued use of the motor vehicle for
29transporting workers to and from their places of employment or
30during the course of their employment, that additions, repairs,
31improvements, or changes be made and that safety devices and
32safeguards be furnished and used as required to satisfy the
33rules in the manner and within the time specified in the order.
34The order may also require that any driver of the motor vehicle
35satisfy the minimum standards for a driver under the this
-6-1section or rules adopted under this section.
2 Sec. 6. Section 327F.39, Code 2017, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 6A. Access provided to department. An
5employer shall provide the department, or an agent or employee
6of the department, with access to the following:
7a. A facility owned or controlled by the employer, for the
8purpose of determining compliance with this section.
9b. Records related to an accident involving a vehicle owned
10or operated by the employer.
11 Sec. 7. Section 327F.39, subsection 7, Code 2017, is amended
12to read as follows:
137. Penalty.
14a. Violation Except as otherwise provided in this
15subsection, a violation by the owner of a motor vehicle of this
16section, a rule adopted under this section, or an order issued
17under subsection 6, or willful failure to comply with such an
18order is, upon conviction, subject to a schedule “one” penalty
19as provided under section 327C.5.
20b. A violation of subsection 5 or rules adopted pursuant
21to subsection 5 by a railroad worker transportation company or
22a railroad company is punishable as a schedule “one” penalty
23under section 327C.5.
24c. A railroad worker transportation company or a railroad
25company that violates this section or a rule adopted pursuant
26to this section may be subject to a civil penalty not to exceed
27two thousand dollars in addition to any other penalty provided
28by law.
29d. Each violation of this section or a rule adopted pursuant
30to this section constitutes a separate and distinct offense,
31and for violations of a continuing nature, each day that a
32violation continues constitutes a separate offense.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-7- 1This bill contains provisions relating to companies
2that operate motor vehicles and employ drivers for the
3transportation of railroad workers.
4Under the bill, the term “employer” means a railroad worker
5transportation company. The term “employee” refers to a driver
6who performs a service for a railroad worker transportation
7company, either for wages or as an independent contractor.
8The bill requires an employer to provide for annual
9inspection of the employer’s motor vehicles by a qualified
10person. In addition, each employee who drives a motor vehicle
11must complete a daily written vehicle report. An employer is
12also required to establish a maintenance and repair program
13that includes inspection of each motor vehicle prior to the
14first service of the vehicle and at each 25,000-mile interval
15thereafter, with such inspections focusing on cleanliness and
16the condition of vehicle parts and accessories specified in the
17bill. An employer is required to maintain records relating to
18vehicle maintenance and repair for one year, or for a vehicle
19no longer in the employer’s control, for six months. The bill
20further requires a motor vehicle used by a railroad worker
21transportation company to transport railroad workers to have
22signage on each side and on the rear of the vehicle containing
23the words “railroad worker transportation company” in letters
24no smaller than one inch in height.
25The bill requires an employer to maintain a driver
26qualification file for each employee that includes specified
27documentation relating to the employee’s driving record
28and employment record. The bill states that an employee
29is disqualified from driving for an employer if the driver
30is convicted of two or more serious traffic violations
31committed within three years in Iowa or in any other state.
32For purposes of the bill, “serious traffic violation” means
33any violation committed while operating a motor vehicle if
34the violation resulted in suspension or revocation of the
35person’s driver’s license, or the following violations,
-8-1whether or not the violation resulted in license suspension
2or revocation: operating while intoxicated, a seat belt
3violation, a violation of commercial motor vehicle laws,
4speeding more than 15 miles per hour over the limit, negligent
5homicide, using a motor vehicle in commission of a felony,
6evading arrest, using a motor vehicle to flee law enforcement,
7careless driving, prohibited passing, unlawfully passing a
8school bus, failure to obey a traffic control signal or device,
9driving while suspended, and driving the wrong way on a one-way
10street.
11The bill requires drivers to be tested for the presence of
12alcohol and controlled substances as a condition of employment.
13In addition, an employer is required to have a driver tested
14for alcohol and controlled substances following an accident
15occurring in the course of the driver’s employment if the
16accident involved the death of a person, or if the accident
17resulted in bodily injury to a person or disabling damage to a
18motor vehicle and the driver received a citation for a moving
19violation. Grounds for disqualification of a driver include
20a test result indicating an alcohol concentration above zero
21or a controlled substance test result other than a verified
22negative; refusing to provide a specimen for testing; or
23adulteration, dilution, or substitution of a specimen.
24The bill requires an employer to maintain financial
25liability coverage in the amount of $500,000 per person, up to
26a maximum of $3 million per motor vehicle owned or operated by
27the employer, and uninsured or underinsured motorist coverage
28in the amount of $500,000 per motor vehicle occupant, up to a
29maximum of $3 million per motor vehicle.
30The bill requires an employer to provide the department of
31transportation with access to the employer’s facilities and to
32records relating to accidents involving the employer’s motor
33vehicles.
34Pursuant to current law, a violation of the provisions
35relating to the transportation of railroad workers is
-9-1punishable by a schedule “one” penalty, which is a fine of
2$100. The bill allows an additional civil penalty of up to
3$2,000 to be imposed for any violation of the provisions of the
4bill by a railroad company or a railroad worker transportation
5company. Each violation of the provisions relating to the
6transportation of railroad workers constitutes a separate and
7distinct offense, and for violations of a continuing nature,
8each day that a violation continues constitutes a separate
9offense.
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