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| 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. | ||