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A bill to be entitled |
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An act relating to cargo chassis; defining "ocean marine |
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terminal" and "intermodal chassis" or "chassis"; requiring |
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the inspection, tagging, quarantine, and repair of cargo |
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chassis that fail to pass described roadability |
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inspections; providing for inspection of chassis in lieu |
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of inspections required for motor carriers or motor |
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vehicles; providing for application; prohibiting ocean |
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marine terminal operators to tender to or interchange with |
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a motor carrier an intermodal chassis that fails to pass |
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inspection; requiring certification that the chassis has |
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passed inspection; providing penalties for violation; |
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providing that the inspection requirement is in addition |
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to specified annual inspection; requiring routine chassis |
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inspections prior to placement of container on the chassis |
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and prior to release for operation; requiring daily |
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records of the inspections; providing for form and content |
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of such records; prohibiting retaliation against an |
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inspector; providing procedure and remedies for violation; |
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requiring specified identification and separation of |
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chassis that pass and fail the inspection; providing for |
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tags to identify a chassis has passed or failed the |
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inspection; authorizing a driver to request reinspection |
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of chassis under certain circumstances; providing |
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procedures; providing for compensation of the driver under |
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specified circumstances; prohibiting retaliation against |
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the driver; providing procedures and remedies for |
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violation; requiring records of reinspection requests; |
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providing for content of such records; authorizing driver |
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to contact law enforcement agency in lieu of making such |
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reinspection request; providing for maintenance and |
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availability of records; requiring the Department of |
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Transportation to conduct onsite reviews to determine |
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compliance; providing procedures in the event of |
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noncompliance; providing procedures in the event of |
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inspection results indicating imminent danger to the |
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public; authorizing officers of the Florida Highway Patrol |
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and other law enforcement officers to enter premises and |
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perform inspections; providing for citation of violations; |
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providing penalties for such citations; providing for |
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defect in and voidability of certain contracts; |
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authorizing the Department of Transportation to adopt |
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rules; providing for applicability of the act to safe |
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driving laws; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Definitions.--As used in this act, the |
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following definitions shall apply: |
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(1) "Ocean marine terminal" means any terminal, whether |
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public or private, located at a port facility that engages in |
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the loading and unloading of the cargo of oceangoing vessels.
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(2) "Intermodal chassis" or "chassis" means a trailer |
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designed to carry intermodal freight containers.
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Section 2. Applicability.-- |
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(1) Any ocean marine terminal that receives and dispatches |
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intermodal chassis shall implement and carry out the intermodal |
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chassis roadability inspection program, as described in this |
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act, in lieu of any inspection required by law for motor |
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carriers or motor vehicles.
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(2) No ocean marine terminal operator shall tender to or |
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interchange with a motor carrier an intermodal chassis that |
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fails to pass the inspection required by this act and that fails |
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to meet the requirements set forth in Federal Motor Carrier |
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Safety Regulations, 49 C.F.R. s. 396. Any ocean marine terminal |
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operator tendering to or interchanging with a motor carrier such |
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equipment shall provide certification that the chassis has |
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passed the inspection set forth in this act. Any ocean marine |
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terminal operator who violates this section shall be fined up to |
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$500 per occurrence.
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(3) Nothing in this act shall supersede the inspection |
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requirement and standard under 49 C.F.R. s. 396 that requires |
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ocean marine terminal operators to conduct annual inspections of |
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chassis. This act imposes an additional requirement that ocean |
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marine terminal operators inspect chassis on a routine basis.
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Section 3. Intermodal chassis roadability inspection |
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program.-- |
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(1) Ocean marine terminal operators shall inspect all |
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chassis pursuant to this section before a container is placed on |
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the chassis and before the chassis is released for operation. |
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The inspection shall include, but not be limited to, brake |
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adjustment; an inspection of brake system components and leaks, |
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suspension systems, tires and wheels, vehicle connecting |
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devices, and lights and electrical systems; and a visual |
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inspection of the chassis to determine whether it has been |
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tampered with.
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(2) Each inspection shall be recorded on a daily |
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roadability inspection report that shall include, but not be |
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limited to, all of the following:
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(a) Positive identification of the intermodal chassis, |
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including company identification number and vehicle license |
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plate number.
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(b) The date and nature of each inspection.
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(c) The signature, under penalty or perjury, of the ocean |
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marine terminal operator or an authorized representative |
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attesting to the fact that the inspection has been performed and |
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that the chassis is roadworthy.
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(3) Individuals performing inspections pursuant to this |
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section shall be qualified, at a minimum, as set forth in 49 |
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C.F.R. s. 396.19. Evidence of each inspector's qualification |
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shall be retained by the ocean marine terminal for the period of |
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time during which the inspector is performing such inspections. |
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No inspector shall be threatened, coerced, or otherwise |
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retaliated against by an ocean marine terminal operator for |
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refusing to pass a chassis that fails an inspection or for |
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designating a chassis for repair. In the event that an inspector |
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is so threatened, the inspector shall be protected by and |
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afforded all rights and remedies provided by law. Any violation |
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of this section shall be subject to the procedures, remedies, |
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and relief provided by law.
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(4) As part of the inspection, the inspector shall affix a |
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tamper-proof green tag on a chassis that has passed inspection |
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and a red tag on a chassis that has failed inspection. The tag |
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shall contain the name of the inspector and the date and time |
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the inspection was completed and shall be placed on the driver's |
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side of the chassis next to the chassis' identification plate. A |
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red tag must specify the defects that warranted the failed |
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inspection and that require repair. The tag shall be provided by |
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the ocean marine terminal operator and shall meet specifications |
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determined by the Department of Transportation.
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(5) Chassis shall be segregated according to their tag |
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designation under subsection (4). Green-tagged chassis shall be |
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kept in an area designated for interchange with motor carriers. |
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Red-tagged chassis shall be transported to an onsite facility |
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where repairs and any required maintenance may be performed. |
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Defects identified during any inspection of any intermodal |
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chassis shall be repaired and the repairs shall be recorded on |
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the intermodal chassis maintenance file before the chassis is |
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released from the control of the ocean marine terminal. No |
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chassis subject to this act shall be released to a motor carrier |
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or operated on a public road until all defects listed during the |
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inspection have been corrected, the chassis passes inspection, |
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and the ocean marine terminal operator's authorized |
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representative attests to that fact and affixes a green tag on |
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the chassis.
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(6)(a) Any driver who believes that a chassis is in an |
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unsafe operating condition may request that the chassis be |
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reinspected by the entity responsible for the inspection and |
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maintenance of the chassis pursuant to this act. In the event |
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that such a request is made, the driver:
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1. Shall not be made responsible for delivery of the |
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chassis to the repair facility.
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2. Shall receive a green-tagged chassis without delay.
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(b) In the event a driver is forced to wait for 1 or more |
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hours to receive a green-tagged chassis, the ocean marine |
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terminal operator shall compensate the driver at a rate of $100 |
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per hour.
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(c) Such a request, any corrective action taken, or the |
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reason corrective action was not taken shall be recorded in the |
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intermodal chassis maintenance file.
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(d) Alternatively, the driver may contact a law |
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enforcement agency with regard to the physical condition of the |
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chassis.
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(7) No driver shall be threatened, coerced, or otherwise |
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retaliated against by an ocean marine terminal operator for |
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requesting that the intermodal chassis be reinspected or |
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repaired or for contacting a law enforcement agency with regard |
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to the physical condition of a chassis. In the event that a |
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commercial driver is so threatened, coerced, or otherwise |
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retaliated against, the driver shall be protected by and |
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afforded all rights and remedies provided by law. Any person who |
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violates this section shall be subject to the penalties provided |
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for by law.
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Section 4. Maintenance and inspection of records.-- |
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(1) Records of each inspection conducted pursuant to this |
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act shall be:
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(a) Maintained for 90 days at the ocean marine terminal |
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where each chassis is inspected.
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(b) Made available upon request by any authorized employee |
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of the Department of Transportation or law enforcement officer |
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of the Florida Highway Patrol.
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(c) Made available during normal business hours to any |
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motor carrier or driver or the authorized representative thereof |
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who has been engaged to transport an intermodal container on a |
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chassis inspected pursuant to this act from the ocean marine |
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terminal.
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(2) Records of maintenance or repairs performed pursuant |
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to the inspections required under this act shall be:
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(a) Maintained for 2 years at the ocean marine terminal.
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(b) Made available upon request of the Department of |
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Transportation.
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(3) Requests for reinspection made pursuant to section 3 |
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shall be recorded in the intermodal chassis maintenance file and |
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shall be maintained and made available pursuant to paragraph |
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(1)(c).
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(4) All records required under this act may be maintained |
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in a computer system if printouts of those records may be |
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provided upon request.
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Section 5. Compliance with intermodal chassis roadability |
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inspection program.-- |
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(1) The Department of Transportation shall conduct random, |
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but at least biannual, onsite reviews of ocean marine terminals |
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to determine whether the terminals are complying with the |
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requirements of this act, including, but not limited to, |
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inspection, tagging, quarantine and repair, and recordkeeping |
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requirements. Following an inspection in which it is determined |
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that an ocean marine terminal operator has failed to comply with |
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any of the requirements of this act, the department shall:
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(a) Direct the ocean marine terminal to comply immediately |
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with the requirements of this act.
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(b) Fine the ocean marine terminal $100 for every day, |
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after the day of inspection, that the terminal fails to comply |
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with the requirements of this act.
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(c) After 10 days of noncompliance, immediately pursue |
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administrative or other action deemed necessary against the |
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terminal's motor carrier property permit and forward a |
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recommendation to the Federal Motor Carrier Safety |
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Administration for administrative or other action deemed |
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necessary against the carrier's interstate operating authority.
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(d) After 20 days of noncompliance, revoke the ocean |
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marine terminal's property permit.
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(2) If any inspection results in an unsatisfactory rating |
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due to conditions presenting an imminent danger to the public |
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safety, the Department of Transportation shall take actions |
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pursuant to paragraph (1)(c) or paragraph (1)(d).
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(3) Any officer of the Florida Highway Patrol or other law |
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enforcement officer, while in the performance of the duties of |
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office, is authorized to enter upon and perform inspections of |
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green-tagged chassis at any ocean marine terminal which chassis |
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are intended to be tendered to or interchanged with a motor |
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carrier for use on a highway. In the event the officer |
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determines that any green-tagged chassis is unroadworthy, the |
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ocean marine terminal operator shall be fined $500 per |
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occurrence.
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(4) Any citation issued for a violation of this act |
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related to the defective condition of an intermodal chassis |
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shall be issued to the ocean marine terminal operator |
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responsible for the inspection and maintenance of the chassis, |
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provided that the chassis is not owned by the driver and that |
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the defective condition of the chassis was not caused by the |
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failure of the motor carrier or its driver to operate the |
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commercial vehicle in a safe manner.
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Section 6. Defect of contract; applicability of the |
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act.--Any provision in a contract between an owner or lessee of |
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an intermodal chassis and a driver that contains a hold-harmless |
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or indemnity clause concerning defects in the physical condition |
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of the intermodal chassis shall be void as against public |
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policy. This section shall not apply to damage to the intermodal |
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chassis caused by the neglect or willful failure of the motor |
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carrier or its driver to operate the commercial vehicle in a |
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safe manner. |
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Section 7. Rulemaking authority.--The Department of |
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Transportation shall adopt rules necessary to effectuate the |
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purposes of this act. |
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Section 8. Commercial driver; duty.--Nothing in this act |
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relieves a commercial driver or commercial motor carrier of any |
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duty imposed by state or federal law related to the safe |
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operation of a commercial motor vehicle. |
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Section 9. This act shall take effect upon becoming a law. |