HB 1371 2003
   
1 A bill to be entitled
2          An act relating to cargo chassis; defining "ocean marine
3    terminal" and "intermodal chassis" or "chassis"; requiring
4    the inspection, tagging, quarantine, and repair of cargo
5    chassis that fail to pass described roadability
6    inspections; providing for inspection of chassis in lieu
7    of inspections required for motor carriers or motor
8    vehicles; providing for application; prohibiting ocean
9    marine terminal operators to tender to or interchange with
10    a motor carrier an intermodal chassis that fails to pass
11    inspection; requiring certification that the chassis has
12    passed inspection; providing penalties for violation;
13    providing that the inspection requirement is in addition
14    to specified annual inspection; requiring routine chassis
15    inspections prior to placement of container on the chassis
16    and prior to release for operation; requiring daily
17    records of the inspections; providing for form and content
18    of such records; prohibiting retaliation against an
19    inspector; providing procedure and remedies for violation;
20    requiring specified identification and separation of
21    chassis that pass and fail the inspection; providing for
22    tags to identify a chassis has passed or failed the
23    inspection; authorizing a driver to request reinspection
24    of chassis under certain circumstances; providing
25    procedures; providing for compensation of the driver under
26    specified circumstances; prohibiting retaliation against
27    the driver; providing procedures and remedies for
28    violation; requiring records of reinspection requests;
29    providing for content of such records; authorizing driver
30    to contact law enforcement agency in lieu of making such
31    reinspection request; providing for maintenance and
32    availability of records; requiring the Department of
33    Transportation to conduct onsite reviews to determine
34    compliance; providing procedures in the event of
35    noncompliance; providing procedures in the event of
36    inspection results indicating imminent danger to the
37    public; authorizing officers of the Florida Highway Patrol
38    and other law enforcement officers to enter premises and
39    perform inspections; providing for citation of violations;
40    providing penalties for such citations; providing for
41    defect in and voidability of certain contracts;
42    authorizing the Department of Transportation to adopt
43    rules; providing for applicability of the act to safe
44    driving laws; providing an effective date.
45         
46          Be It Enacted by the Legislature of the State of Florida:
47         
48          Section 1. Definitions.--As used in this act, the
49    following definitions shall apply:
50          (1) "Ocean marine terminal" means any terminal, whether
51    public or private, located at a port facility that engages in
52    the loading and unloading of the cargo of oceangoing vessels.
53          (2) "Intermodal chassis" or "chassis" means a trailer
54    designed to carry intermodal freight containers.
55          Section 2. Applicability.--
56          (1) Any ocean marine terminal that receives and dispatches
57    intermodal chassis shall implement and carry out the intermodal
58    chassis roadability inspection program, as described in this
59    act, in lieu of any inspection required by law for motor
60    carriers or motor vehicles.
61          (2) No ocean marine terminal operator shall tender to or
62    interchange with a motor carrier an intermodal chassis that
63    fails to pass the inspection required by this act and that fails
64    to meet the requirements set forth in Federal Motor Carrier
65    Safety Regulations, 49 C.F.R. s. 396. Any ocean marine terminal
66    operator tendering to or interchanging with a motor carrier such
67    equipment shall provide certification that the chassis has
68    passed the inspection set forth in this act. Any ocean marine
69    terminal operator who violates this section shall be fined up to
70    $500 per occurrence.
71          (3) Nothing in this act shall supersede the inspection
72    requirement and standard under 49 C.F.R. s. 396 that requires
73    ocean marine terminal operators to conduct annual inspections of
74    chassis. This act imposes an additional requirement that ocean
75    marine terminal operators inspect chassis on a routine basis.
76          Section 3. Intermodal chassis roadability inspection
77    program.--
78          (1) Ocean marine terminal operators shall inspect all
79    chassis pursuant to this section before a container is placed on
80    the chassis and before the chassis is released for operation.
81    The inspection shall include, but not be limited to, brake
82    adjustment; an inspection of brake system components and leaks,
83    suspension systems, tires and wheels, vehicle connecting
84    devices, and lights and electrical systems; and a visual
85    inspection of the chassis to determine whether it has been
86    tampered with.
87          (2) Each inspection shall be recorded on a daily
88    roadability inspection report that shall include, but not be
89    limited to, all of the following:
90          (a) Positive identification of the intermodal chassis,
91    including company identification number and vehicle license
92    plate number.
93          (b) The date and nature of each inspection.
94          (c) The signature, under penalty or perjury, of the ocean
95    marine terminal operator or an authorized representative
96    attesting to the fact that the inspection has been performed and
97    that the chassis is roadworthy.
98          (3) Individuals performing inspections pursuant to this
99    section shall be qualified, at a minimum, as set forth in 49
100    C.F.R. s. 396.19. Evidence of each inspector's qualification
101    shall be retained by the ocean marine terminal for the period of
102    time during which the inspector is performing such inspections.
103    No inspector shall be threatened, coerced, or otherwise
104    retaliated against by an ocean marine terminal operator for
105    refusing to pass a chassis that fails an inspection or for
106    designating a chassis for repair. In the event that an inspector
107    is so threatened, the inspector shall be protected by and
108    afforded all rights and remedies provided by law. Any violation
109    of this section shall be subject to the procedures, remedies,
110    and relief provided by law.
111          (4) As part of the inspection, the inspector shall affix a
112    tamper-proof green tag on a chassis that has passed inspection
113    and a red tag on a chassis that has failed inspection. The tag
114    shall contain the name of the inspector and the date and time
115    the inspection was completed and shall be placed on the driver's
116    side of the chassis next to the chassis' identification plate. A
117    red tag must specify the defects that warranted the failed
118    inspection and that require repair. The tag shall be provided by
119    the ocean marine terminal operator and shall meet specifications
120    determined by the Department of Transportation.
121          (5) Chassis shall be segregated according to their tag
122    designation under subsection (4). Green-tagged chassis shall be
123    kept in an area designated for interchange with motor carriers.
124    Red-tagged chassis shall be transported to an onsite facility
125    where repairs and any required maintenance may be performed.
126    Defects identified during any inspection of any intermodal
127    chassis shall be repaired and the repairs shall be recorded on
128    the intermodal chassis maintenance file before the chassis is
129    released from the control of the ocean marine terminal. No
130    chassis subject to this act shall be released to a motor carrier
131    or operated on a public road until all defects listed during the
132    inspection have been corrected, the chassis passes inspection,
133    and the ocean marine terminal operator's authorized
134    representative attests to that fact and affixes a green tag on
135    the chassis.
136          (6)(a) Any driver who believes that a chassis is in an
137    unsafe operating condition may request that the chassis be
138    reinspected by the entity responsible for the inspection and
139    maintenance of the chassis pursuant to this act. In the event
140    that such a request is made, the driver:
141          1. Shall not be made responsible for delivery of the
142    chassis to the repair facility.
143          2. Shall receive a green-tagged chassis without delay.
144          (b) In the event a driver is forced to wait for 1 or more
145    hours to receive a green-tagged chassis, the ocean marine
146    terminal operator shall compensate the driver at a rate of $100
147    per hour.
148          (c) Such a request, any corrective action taken, or the
149    reason corrective action was not taken shall be recorded in the
150    intermodal chassis maintenance file.
151          (d) Alternatively, the driver may contact a law
152    enforcement agency with regard to the physical condition of the
153    chassis.
154          (7) No driver shall be threatened, coerced, or otherwise
155    retaliated against by an ocean marine terminal operator for
156    requesting that the intermodal chassis be reinspected or
157    repaired or for contacting a law enforcement agency with regard
158    to the physical condition of a chassis. In the event that a
159    commercial driver is so threatened, coerced, or otherwise
160    retaliated against, the driver shall be protected by and
161    afforded all rights and remedies provided by law. Any person who
162    violates this section shall be subject to the penalties provided
163    for by law.
164          Section 4. Maintenance and inspection of records.--
165          (1) Records of each inspection conducted pursuant to this
166    act shall be:
167          (a) Maintained for 90 days at the ocean marine terminal
168    where each chassis is inspected.
169          (b) Made available upon request by any authorized employee
170    of the Department of Transportation or law enforcement officer
171    of the Florida Highway Patrol.
172          (c) Made available during normal business hours to any
173    motor carrier or driver or the authorized representative thereof
174    who has been engaged to transport an intermodal container on a
175    chassis inspected pursuant to this act from the ocean marine
176    terminal.
177          (2) Records of maintenance or repairs performed pursuant
178    to the inspections required under this act shall be:
179          (a) Maintained for 2 years at the ocean marine terminal.
180          (b) Made available upon request of the Department of
181    Transportation.
182          (3) Requests for reinspection made pursuant to section 3
183    shall be recorded in the intermodal chassis maintenance file and
184    shall be maintained and made available pursuant to paragraph
185    (1)(c).
186          (4) All records required under this act may be maintained
187    in a computer system if printouts of those records may be
188    provided upon request.
189          Section 5. Compliance with intermodal chassis roadability
190    inspection program.--
191          (1) The Department of Transportation shall conduct random,
192    but at least biannual, onsite reviews of ocean marine terminals
193    to determine whether the terminals are complying with the
194    requirements of this act, including, but not limited to,
195    inspection, tagging, quarantine and repair, and recordkeeping
196    requirements. Following an inspection in which it is determined
197    that an ocean marine terminal operator has failed to comply with
198    any of the requirements of this act, the department shall:
199          (a) Direct the ocean marine terminal to comply immediately
200    with the requirements of this act.
201          (b) Fine the ocean marine terminal $100 for every day,
202    after the day of inspection, that the terminal fails to comply
203    with the requirements of this act.
204          (c) After 10 days of noncompliance, immediately pursue
205    administrative or other action deemed necessary against the
206    terminal's motor carrier property permit and forward a
207    recommendation to the Federal Motor Carrier Safety
208    Administration for administrative or other action deemed
209    necessary against the carrier's interstate operating authority.
210          (d) After 20 days of noncompliance, revoke the ocean
211    marine terminal's property permit.
212          (2) If any inspection results in an unsatisfactory rating
213    due to conditions presenting an imminent danger to the public
214    safety, the Department of Transportation shall take actions
215    pursuant to paragraph (1)(c) or paragraph (1)(d).
216          (3) Any officer of the Florida Highway Patrol or other law
217    enforcement officer, while in the performance of the duties of
218    office, is authorized to enter upon and perform inspections of
219    green-tagged chassis at any ocean marine terminal which chassis
220    are intended to be tendered to or interchanged with a motor
221    carrier for use on a highway. In the event the officer
222    determines that any green-tagged chassis is unroadworthy, the
223    ocean marine terminal operator shall be fined $500 per
224    occurrence.
225          (4) Any citation issued for a violation of this act
226    related to the defective condition of an intermodal chassis
227    shall be issued to the ocean marine terminal operator
228    responsible for the inspection and maintenance of the chassis,
229    provided that the chassis is not owned by the driver and that
230    the defective condition of the chassis was not caused by the
231    failure of the motor carrier or its driver to operate the
232    commercial vehicle in a safe manner.
233          Section 6. Defect of contract; applicability of the
234    act.--Any provision in a contract between an owner or lessee of
235    an intermodal chassis and a driver that contains a hold-harmless
236    or indemnity clause concerning defects in the physical condition
237    of the intermodal chassis shall be void as against public
238    policy. This section shall not apply to damage to the intermodal
239    chassis caused by the neglect or willful failure of the motor
240    carrier or its driver to operate the commercial vehicle in a
241    safe manner.
242          Section 7. Rulemaking authority.--The Department of
243    Transportation shall adopt rules necessary to effectuate the
244    purposes of this act.
245          Section 8. Commercial driver; duty.--Nothing in this act
246    relieves a commercial driver or commercial motor carrier of any
247    duty imposed by state or federal law related to the safe
248    operation of a commercial motor vehicle.
249          Section 9. This act shall take effect upon becoming a law.