Florida Senate - 2019                      CS for CS for SB 1638
       
       
        
       By the Committees on Rules; and Infrastructure and Security; and
       Senator Lee
       
       
       
       
       595-04847-19                                          20191638c2
    1                        A bill to be entitled                      
    2         An act relating to commercial motor vehicles; amending
    3         s. 316.302, F.S.; revising regulations applicable to
    4         owners and drivers of commercial motor vehicles;
    5         exempting persons who operate a commercial motor
    6         vehicle solely in intrastate commerce which does not
    7         transport hazardous materials in amounts that require
    8         placarding from certain requirements related to
    9         electronic logging devices and hours of service
   10         supporting documents until a specified date; deleting
   11         a limitation on a civil penalty for falsification of
   12         certain time records; deleting a requirement that a
   13         motor carrier maintain certain documentation of
   14         driving times; extending an exemption from specified
   15         commercial motor vehicle requirements for a commercial
   16         vehicle having a certain gross vehicle weight rating
   17         and gross combined weight rating, under certain
   18         circumstances; deleting such exemption for a person
   19         transporting petroleum products; deleting an exemption
   20         from specified regulations relating to diabetes for
   21         certain drivers of commercial motor vehicles; amending
   22         s. 316.515, F.S.; revising length and load extension
   23         limitations for stinger-steered automobile
   24         transporters; authorizing automobile transporters to
   25         backhaul certain cargo or freight under certain
   26         circumstances; authorizing an unladen power unit to
   27         tow a certain combination of trailers or semitrailers
   28         under certain circumstances; amending s. 316.545,
   29         F.S.; providing for the calculation of specified fines
   30         for vehicles fueled by electric batteries; providing
   31         an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (1) and paragraphs (a), (c), (d),
   36  (f), and (j) of subsection (2) of section 316.302, Florida
   37  Statutes, are amended to read:
   38         316.302 Commercial motor vehicles; safety regulations;
   39  transporters and shippers of hazardous materials; enforcement.—
   40         (1)(a) All owners and drivers of commercial motor vehicles
   41  that are operated on the public highways of this state while
   42  engaged in interstate commerce are subject to the rules and
   43  regulations contained in 49 C.F.R. parts 382, 383, 385, 386, and
   44  390-397.
   45         (b) Except as otherwise provided in this section, all
   46  owners or drivers of commercial motor vehicles that are engaged
   47  in intrastate commerce are subject to the rules and regulations
   48  contained in 49 C.F.R. parts 382, 383, 385, 386, and 390-397,
   49  with the exception of 49 C.F.R. s. 390.5 as it relates to the
   50  definition of bus, as such rules and regulations existed on
   51  December 31, 2018 2012.
   52         (c) The emergency exceptions provided by 49 C.F.R. s.
   53  392.82 also apply to communications by utility drivers and
   54  utility contractor drivers during a Level 1 activation of the
   55  State Emergency Operations Center, as provided in the Florida
   56  Comprehensive Emergency Management plan, or during a state of
   57  emergency declared by executive order or proclamation of the
   58  Governor.
   59         (d) Except as provided in s. 316.215(5), and except as
   60  provided in s. 316.228 for rear overhang lighting and flagging
   61  requirements for intrastate operations, the requirements of this
   62  section supersede all other safety requirements of this chapter
   63  for commercial motor vehicles.
   64         (e)A person who operates a commercial motor vehicle solely
   65  in intrastate commerce which does not transport hazardous
   66  materials in amounts that require placarding pursuant to 49
   67  C.F.R. part 172 need not comply with the requirements of
   68  electronic logging devices and hours of service supporting
   69  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
   70  until December 31, 2019.
   71         (2)(a) A person who operates a commercial motor vehicle
   72  solely in intrastate commerce not transporting any hazardous
   73  material in amounts that require placarding pursuant to 49
   74  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
   75  and 395.3 49 C.F.R. ss. 391.11(b)(1) and 395.3(a) and (b).
   76         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
   77  operates a commercial motor vehicle solely in intrastate
   78  commerce not transporting any hazardous material in amounts that
   79  require placarding pursuant to 49 C.F.R. part 172 may not drive
   80  after having been on duty more than 70 hours in any period of 7
   81  consecutive days or more than 80 hours in any period of 8
   82  consecutive days if the motor carrier operates every day of the
   83  week. Thirty-four consecutive hours off duty shall constitute
   84  the end of any such period of 7 or 8 consecutive days. This
   85  weekly limit does not apply to a person who operates a
   86  commercial motor vehicle solely within this state while
   87  transporting, during harvest periods, any unprocessed
   88  agricultural products or unprocessed food or fiber that is
   89  subject to seasonal harvesting from place of harvest to the
   90  first place of processing or storage or from place of harvest
   91  directly to market or while transporting livestock, livestock
   92  feed, or farm supplies directly related to growing or harvesting
   93  agricultural products. Upon request of the Department of Highway
   94  Safety and Motor Vehicles, motor carriers shall furnish time
   95  records or other written verification to that department so that
   96  the Department of Highway Safety and Motor Vehicles can
   97  determine compliance with this subsection. These time records
   98  must be furnished to the Department of Highway Safety and Motor
   99  Vehicles within 2 days after receipt of that department’s
  100  request. Falsification of such information is subject to a civil
  101  penalty not to exceed $100. The provisions of This paragraph
  102  does do not apply to operators of farm labor vehicles operated
  103  during a state of emergency declared by the Governor or operated
  104  pursuant to s. 570.07(21) or, and do not apply to drivers of
  105  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  106         (d) A person who operates a commercial motor vehicle solely
  107  in intrastate commerce not transporting any hazardous material
  108  in amounts that require placarding pursuant to 49 C.F.R. part
  109  172 within a 150 air-mile radius of the location where the
  110  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  111  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
  112  and (v) 49 C.F.R. s. 395.1(e)(1)(iii) and (v) are met. If a
  113  driver is not released from duty within 12 hours after the
  114  driver arrives for duty, the motor carrier must maintain
  115  documentation of the driver’s driving times throughout the duty
  116  period.
  117         (f) A person who operates a commercial motor vehicle having
  118  a declared gross vehicle weight, gross vehicle weight rating,
  119  and gross combined weight rating of less than 26,001 pounds
  120  solely in intrastate commerce and who is not transporting
  121  hazardous materials in amounts that require placarding pursuant
  122  to 49 C.F.R. part 172, or who is transporting petroleum products
  123  as defined in s. 376.301, is exempt from subsection (1).
  124  However, such person must comply with 49 C.F.R. parts 382, 392,
  125  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  126         (j) A person who is otherwise qualified as a driver under
  127  49 C.F.R. part 391, who operates a commercial motor vehicle in
  128  intrastate commerce only, and who does not transport hazardous
  129  materials in amounts that require placarding pursuant to 49
  130  C.F.R. part 172, is exempt from the requirements of 49 C.F.R.
  131  part 391, subpart E, ss. 391.41(b)(3) and 391.43(e), relating to
  132  diabetes.
  133         Section 2. Subsections (3) and (4) of section 316.515,
  134  Florida Statutes, are amended, and subsection (16) is added to
  135  that section, to read:
  136         316.515 Maximum width, height, length.—
  137         (3) LENGTH LIMITATION.—Except as otherwise provided in this
  138  section, length limitations apply solely to a semitrailer or
  139  trailer, and not to a truck tractor or to the overall length of
  140  a combination of vehicles. No combination of commercial motor
  141  vehicles coupled together and operating on the public roads may
  142  consist of more than one truck tractor and two trailing units.
  143  Unless otherwise specifically provided for in this section, a
  144  combination of vehicles not qualifying as commercial motor
  145  vehicles may consist of no more than two units coupled together;
  146  such nonqualifying combination of vehicles may not exceed a
  147  total length of 65 feet, inclusive of the load carried thereon,
  148  but exclusive of safety and energy conservation devices approved
  149  by the department for use on vehicles using public roads.
  150  Notwithstanding any other provision of this section, a truck
  151  tractor-semitrailer combination engaged in the transportation of
  152  automobiles or boats may transport motor vehicles or boats on
  153  part of the power unit; and, except as may otherwise be mandated
  154  under federal law, an automobile or boat transporter semitrailer
  155  may not exceed 50 feet in length, exclusive of the load;
  156  however, the load may extend up to an additional 6 feet beyond
  157  the rear of the trailer. The 50-feet length limitation does not
  158  apply to non-stinger-steered automobile or boat transporters
  159  that are 65 feet or less in overall length, exclusive of the
  160  load carried thereon, or to stinger-steered automobile or boat
  161  transporters that are 75 feet or less in overall length,
  162  exclusive of the load carried thereon, or to stinger-steered
  163  automobile transporters that are 80 feet or less in overall
  164  length, exclusive of the load carried thereon. For purposes of
  165  this subsection, a “stinger-steered automobile or boat
  166  transporter” is an automobile or boat transporter configured as
  167  a semitrailer combination wherein the fifth wheel is located on
  168  a drop frame located behind and below the rearmost axle of the
  169  power unit. Automobile transporters operating under this
  170  subsection may backhaul cargo or general freight if the weight
  171  of such cargo or freight does not exceed the limits imposed
  172  under s. 316.535. Notwithstanding paragraphs (a) and (b), any
  173  straight truck or truck tractor-semitrailer combination engaged
  174  in the transportation of horticultural trees may allow the load
  175  to extend up to an additional 10 feet beyond the rear of the
  176  vehicle, provided the said trees are resting against a retaining
  177  bar mounted above the truck bed so that the root balls of the
  178  trees rest on the floor and to the front of the truck bed and
  179  the tops of the trees extend up over and to the rear of the
  180  truck bed, and provided the overhanging portion of the load is
  181  covered with protective fabric.
  182         (a) Straight trucks.—A straight truck may not exceed a
  183  length of 40 feet in extreme overall dimension, exclusive of
  184  safety and energy conservation devices approved by the
  185  department for use on vehicles using public roads. A straight
  186  truck may attach a forklift to the rear of the cargo bed,
  187  provided the overall combined length of the vehicle and the
  188  forklift does not exceed 50 feet. Except as otherwise provided
  189  in this section, a straight truck may tow no more than one
  190  trailer, and the overall length of the truck-trailer combination
  191  may not exceed 68 feet, including the load thereon.
  192  Notwithstanding any other provisions of this section, a truck
  193  trailer combination engaged in the transportation of boats, or
  194  boat trailers whose design dictates a front-to-rear stacking
  195  method may not exceed the length limitations of this paragraph
  196  exclusive of the load; however, the load may extend up to an
  197  additional 6 feet beyond the rear of the trailer.
  198         (b) Semitrailers.—
  199         1. A semitrailer operating in a truck tractor-semitrailer
  200  combination may not exceed 48 feet in extreme overall outside
  201  dimension, measured from the front of the unit to the rear of
  202  the unit and the load carried thereon, exclusive of safety and
  203  energy conservation devices approved by the department for use
  204  on vehicles using public roads, unless it complies with
  205  subparagraph 2. A semitrailer which exceeds 48 feet in length
  206  and is used to transport divisible loads may operate in this
  207  state only if issued a permit under s. 316.550 and if such
  208  trailer meets the requirements of this chapter relating to
  209  vehicle equipment and safety. Except for highways on the tandem
  210  trailer truck highway network, public roads deemed unsafe for
  211  longer semitrailer vehicles or those roads on which such longer
  212  vehicles are determined not to be in the interest of public
  213  convenience shall, in conformance with s. 316.006, be restricted
  214  by the Department of Transportation or by the local authority to
  215  use by semitrailers not exceeding a length of 48 feet, inclusive
  216  of the load carried thereon but exclusive of safety and energy
  217  conservation devices approved by the department for use on
  218  vehicles using public roads. Truck tractor-semitrailer
  219  combinations shall be afforded reasonable access to terminals;
  220  facilities for food, fuel, repairs, and rest; and points of
  221  loading and unloading.
  222         2. A semitrailer which is more than 48 feet but not more
  223  than 57 feet in extreme overall outside dimension, as measured
  224  pursuant to subparagraph 1., may operate on public roads, except
  225  roads on the State Highway System which are restricted by the
  226  Department of Transportation or other roads restricted by local
  227  authorities, if:
  228         a. The distance between the kingpin or other peg that locks
  229  into the fifth wheel of a truck tractor and the center of the
  230  rear axle or rear group of axles does not exceed 41 feet, or, in
  231  the case of a semitrailer used exclusively or primarily to
  232  transport vehicles in connection with motorsports competition
  233  events, the distance does not exceed 46 feet from the kingpin to
  234  the center of the rear axles; and
  235         b. It is equipped with a substantial rear-end underride
  236  protection device meeting the requirements of 49 C.F.R. s.
  237  393.86, “Rear End Protection.”
  238         (c) Tandem trailer trucks.—
  239         1. Except for semitrailers and trailers of up to 28 1/2
  240  feet in length which existed on December 1, 1982, and which were
  241  actually and lawfully operating on that date, no semitrailer or
  242  trailer operating in a truck tractor-semitrailer-trailer
  243  combination may exceed a length of 28 feet in extreme overall
  244  outside dimension, measured from the front of the unit to the
  245  rear of the unit and the load carried thereon, exclusive of
  246  safety and energy conservation devices approved by the
  247  Department of Transportation for use on vehicles using public
  248  roads.
  249         2. Tandem trailer trucks conforming to the weight and size
  250  limitations of this chapter and in immediate transit to or from
  251  a terminal facility as defined in this chapter may operate on
  252  the public roads of this state except for residential
  253  neighborhood streets restricted by the Department of
  254  Transportation or local jurisdictions. In addition, the
  255  Department of Transportation or local jurisdictions may restrict
  256  these vehicles from using streets and roads under their
  257  maintenance responsibility on the basis of safety and
  258  engineering analyses, provided that the restrictions are
  259  consistent with the provisions of this chapter. The Department
  260  of Transportation shall develop safety and engineering standards
  261  to be used by all jurisdictions when identifying public roads
  262  and streets to be restricted from tandem trailer truck
  263  operations.
  264         3. Except as otherwise provided in this section, within 5
  265  miles of the Federal National Network for large trucks, tandem
  266  trailer trucks shall be afforded access to terminals; facilities
  267  for food, fuel, repairs, and rest; and points of loading and
  268  unloading.
  269         4. Notwithstanding the provisions of any general or special
  270  law to the contrary, all local system tandem trailer truck route
  271  review procedures must be consistent with those adopted by the
  272  Department of Transportation.
  273         5. Tandem trailer trucks employed as household goods
  274  carriers and conforming to the weight and size limitations of
  275  this chapter shall be afforded access to points of loading and
  276  unloading on the public streets and roads of this state, except
  277  for streets and roads that have been restricted from use by such
  278  vehicles on the basis of safety and engineering analyses by the
  279  jurisdiction responsible for maintenance of the streets and
  280  roads.
  281         (d) Maxi-cube vehicles.—Maxi-cube vehicles shall be allowed
  282  to operate on routes open to tandem trailer trucks under the
  283  same conditions applicable to tandem trailer trucks as specified
  284  by this section.
  285         (4) LOAD EXTENSION LIMITATION.—The load upon any vehicle
  286  operated alone, or the load upon the front vehicle of a
  287  combination of vehicles, may not extend more than 3 feet beyond
  288  the front wheels of the vehicle or the front bumper of the
  289  vehicle if it is equipped with a bumper. However, the load upon
  290  any stinger-steered automobile transporter may not extend more
  291  than 4 feet beyond the front bumper of the vehicle.
  292         (a) The limitations of this subsection do not apply to
  293  bicycle racks carrying bicycles on public sector transit
  294  vehicles.
  295         (b) The provisions of This subsection does shall not apply
  296  to a front-end loading collection vehicle, when:
  297         1. The front-end loading mechanism and container or
  298  containers are in the lowered position;
  299         2. The vehicle is engaged in collecting solid waste or
  300  recyclable or recovered materials;
  301         3. The vehicle is being operated at speeds less than 20
  302  miles per hour with the vehicular hazard-warning lights
  303  activated; and
  304         4. The extension does not exceed 8 feet 6 inches.
  305         (16) TOWAWAY TRAILER TRANSPORTER COMBINATIONS.—An unladen
  306  power unit may tow two trailers or semitrailers when the
  307  combination is not used to carry property, the overall
  308  combination length does not exceed 82 feet, and the total gross
  309  weight of the combination does not exceed 26,000 pounds. The
  310  trailers or semitrailers must constitute inventory property of a
  311  manufacturer, distributor, or dealer of such trailers or
  312  semitrailers.
  313         Section 3. Paragraph (c) of subsection (3) of section
  314  316.545, Florida Statutes, is amended to read:
  315         316.545 Weight and load unlawful; special fuel and motor
  316  fuel tax enforcement; inspection; penalty; review.—
  317         (3)
  318         (c)1. For a vehicle fueled by natural gas or electric
  319  batteries, the fine is calculated by reducing the actual gross
  320  vehicle weight by the certified weight difference between the
  321  natural gas tank or electric battery system and fueling system
  322  and a comparable diesel tank and fueling system. Upon request by
  323  any weight inspector or law enforcement officer, the vehicle
  324  operator must present written certification that identifies the
  325  weight of the natural gas tank or electric battery system and
  326  fueling system and the difference in weight of a comparable
  327  diesel tank and fueling system. The written certification must
  328  originate from the vehicle manufacturer or the installer of the
  329  natural gas tank or electric battery system and fueling system.
  330         2. The actual gross vehicle weight for vehicles fueled by
  331  natural gas or electric batteries may not exceed 82,000 pounds,
  332  excluding the weight allowed for idle-reduction technology under
  333  paragraph (b).
  334         3. This paragraph does not apply to those vehicles
  335  described in s. 316.535(6).
  336         Section 4. This act shall take effect October 1, 2019.