HB 1135

1
A bill to be entitled
2An act relating to cargo chassis; defining "ocean marine
3terminal" and "intermodal chassis" or "chassis"; requiring
4the inspection, tagging, quarantine, and repair of cargo
5chassis that fail to pass described roadability
6inspections; providing for inspection of chassis in lieu
7of inspections required for motor carriers or motor
8vehicles; providing for application; prohibiting ocean
9marine terminal operators to tender to or interchange with
10a motor carrier an intermodal chassis that fails to pass
11inspection; requiring certification that the chassis has
12passed inspection; providing penalties for violation;
13providing that the inspection requirement is in addition
14to specified annual inspection; requiring routine chassis
15inspections prior to placement of container on the chassis
16and prior to release for operation; requiring daily
17records of the inspections; providing for form and content
18of such records; prohibiting retaliation against an
19inspector; providing procedure and remedies for violation;
20requiring specified identification and separation of
21chassis that pass and fail the inspection; providing for
22tags to specify whether a chassis has passed or failed the
23inspection; authorizing a driver to request reinspection
24of chassis under certain circumstances; providing
25procedures; providing for compensation of the driver under
26specified circumstances; prohibiting retaliation against
27the driver; providing procedures and remedies for
28violation; requiring records of reinspection requests;
29providing for content of such records; authorizing driver
30to contact law enforcement agency in lieu of making such
31reinspection request; providing for maintenance and
32availability of records; requiring the Department of
33Transportation to conduct onsite reviews to determine
34compliance; providing procedures in the event of
35noncompliance; providing procedures in the event of
36inspection results indicating imminent danger to the
37public; authorizing officers of the Florida Highway Patrol
38and other law enforcement officers to enter premises and
39perform inspections; providing for citation of violations;
40providing penalties for such citations; providing for
41defect in and voidability of certain contracts;
42authorizing the Department of Transportation to adopt
43rules; providing for applicability of the act to safe
44driving laws; providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Definitions.--As used in this act, the
49following definitions shall apply:
50     (1)  "Ocean marine terminal" means any terminal, whether
51public or private, located at a port facility that engages in
52the loading and unloading of the cargo of oceangoing vessels.
53     (2)  "Intermodal chassis" or "chassis" means a trailer
54designed to carry intermodal freight containers.
55     Section 2.  Applicability.--
56     (1)  Any ocean marine terminal that receives and dispatches
57intermodal chassis shall implement and carry out the intermodal
58chassis roadability inspection program, as described in this
59act, in lieu of any inspection required by law for motor
60carriers or motor vehicles.
61     (2)  No ocean marine terminal operator shall tender to or
62interchange with a motor carrier an intermodal chassis that
63fails to pass the inspection required by this act and that fails
64to meet the requirements set forth in Federal Motor Carrier
65Safety Regulations, 49 C.F.R. s. 396. Any ocean marine terminal
66operator tendering to or interchanging with a motor carrier such
67equipment shall provide certification that the chassis has
68passed the inspection set forth in this act. Any ocean marine
69terminal operator who violates this section shall be fined up to
70$500 per occurrence.
71     (3)  Nothing in this act shall supersede the inspection
72requirement and standard under 49 C.F.R. s. 396 that requires
73ocean marine terminal operators to conduct annual inspections of
74chassis. This act imposes an additional requirement that ocean
75marine terminal operators inspect chassis on a routine basis.
76     Section 3.  Intermodal chassis roadability inspection
77program.--
78     (1)  Ocean marine terminal operators shall inspect all
79chassis pursuant to this section before a container is placed on
80the chassis and before the chassis is released for operation.
81The inspection shall include, but not be limited to, brake
82adjustment; an inspection of brake system components and leaks,
83suspension systems, tires and wheels, vehicle connecting
84devices, and lights and electrical systems; and a visual
85inspection of the chassis to determine whether it has been
86tampered with.
87     (2)  Each inspection shall be recorded on a daily
88roadability inspection report that shall include, but not be
89limited to, all of the following:
90     (a)  Positive identification of the intermodal chassis,
91including company identification number and vehicle license
92plate number.
93     (b)  The date and nature of each inspection.
94     (c)  The signature, under penalty or perjury, of the ocean
95marine terminal operator or an authorized representative
96attesting to the fact that the inspection has been performed and
97that the chassis is roadworthy.
98     (3)  Individuals performing inspections pursuant to this
99section shall be qualified, at a minimum, as set forth in 49
100C.F.R. s. 396.19. Evidence of each inspector's qualification
101shall be retained by the ocean marine terminal for the period of
102time during which the inspector is performing such inspections.
103No inspector shall be threatened, coerced, or otherwise
104retaliated against by an ocean marine terminal operator for
105refusing to pass a chassis that fails an inspection or for
106designating a chassis for repair. In the event that an inspector
107is so threatened, the inspector shall be protected by and
108afforded all rights and remedies provided by law. Any violation
109of this section shall be subject to the procedures, remedies,
110and relief provided by law.
111     (4)  As part of the inspection, the inspector shall affix a
112tamper-proof green tag on a chassis that has passed inspection
113and a red tag on a chassis that has failed inspection. The tag
114shall contain the name of the inspector and the date and time
115the inspection was completed and shall be placed on the driver's
116side of the chassis next to the chassis' identification plate. A
117red tag must specify the defects that warranted the failed
118inspection and that require repair. The tag shall be provided by
119the ocean marine terminal operator and shall meet specifications
120determined by the Department of Transportation.
121     (5)  Chassis shall be segregated according to their tag
122designation under subsection (4). Green-tagged chassis shall be
123kept in an area designated for interchange with motor carriers.
124Red-tagged chassis shall be transported to an onsite facility
125where repairs and any required maintenance may be performed.
126Defects identified during any inspection of any intermodal
127chassis shall be repaired and the repairs shall be recorded on
128the intermodal chassis maintenance file before the chassis is
129released from the control of the ocean marine terminal. No
130chassis subject to this act shall be released to a motor carrier
131or operated on a public road until all defects listed during the
132inspection have been corrected, the chassis passes inspection,
133and the ocean marine terminal operator's authorized
134representative attests to that fact and affixes a green tag on
135the chassis.
136     (6)(a)  Any driver who believes that a chassis is in an
137unsafe operating condition may request that the chassis be
138reinspected by the entity responsible for the inspection and
139maintenance of the chassis pursuant to this act. In the event
140that such a request is made, the driver:
141     1.  Shall not be made responsible for delivery of the
142chassis 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
145hours to receive a green-tagged chassis, the ocean marine
146terminal operator shall compensate the driver at a rate of $100
147per hour.
148     (c)  Such a request, any corrective action taken, or the
149reason corrective action was not taken shall be recorded in the
150intermodal chassis maintenance file.
151     (d)  Alternatively, the driver may contact a law
152enforcement agency with regard to the physical condition of the
153chassis.
154     (7)  No driver shall be threatened, coerced, or otherwise
155retaliated against by an ocean marine terminal operator for
156requesting that the intermodal chassis be reinspected or
157repaired or for contacting a law enforcement agency with regard
158to the physical condition of a chassis. In the event that a
159commercial driver is so threatened, coerced, or otherwise
160retaliated against, the driver shall be protected by and
161afforded all rights and remedies provided by law. Any person who
162violates this section shall be subject to the penalties provided
163for by law.
164     Section 4.  Maintenance and inspection of records.--
165     (1)  Records of each inspection conducted pursuant to this
166act shall be:
167     (a)  Maintained for 90 days at the ocean marine terminal
168where each chassis is inspected.
169     (b)  Made available upon request by any authorized employee
170of the Department of Transportation or law enforcement officer
171of the Florida Highway Patrol.
172     (c)  Made available during normal business hours to any
173motor carrier or driver or the authorized representative thereof
174who has been engaged to transport an intermodal container on a
175chassis inspected pursuant to this act from the ocean marine
176terminal.
177     (2)  Records of maintenance or repairs performed pursuant
178to 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
181Transportation.
182     (3)  Requests for reinspection made pursuant to section 3
183shall be recorded in the intermodal chassis maintenance file and
184shall be maintained and made available pursuant to paragraph
185(1)(c).
186     (4)  All records required under this act may be maintained
187in a computer system if printouts of those records may be
188provided upon request.
189     Section 5.  Compliance with intermodal chassis roadability
190inspection program.--
191     (1)  The Department of Transportation shall conduct random,
192but at least biannual, onsite reviews of ocean marine terminals
193to determine whether the terminals are complying with the
194requirements of this act, including, but not limited to,
195inspection, tagging, quarantine and repair, and recordkeeping
196requirements. Following an inspection in which it is determined
197that an ocean marine terminal operator has failed to comply with
198any of the requirements of this act, the department shall:
199     (a)  Direct the ocean marine terminal to comply immediately
200with the requirements of this act.
201     (b)  Fine the ocean marine terminal $100 for every day,
202after the day of inspection, that the terminal fails to comply
203with the requirements of this act.
204     (c)  After 10 days of noncompliance, immediately pursue
205administrative or other action deemed necessary against the
206terminal's motor carrier property permit and forward a
207recommendation to the Federal Motor Carrier Safety
208Administration for administrative or other action deemed
209necessary against the carrier's interstate operating authority.
210     (d)  After 20 days of noncompliance, revoke the ocean
211marine terminal's property permit.
212     (2)  If any inspection results in an unsatisfactory rating
213due to conditions presenting an imminent danger to the public
214safety, the Department of Transportation shall take actions
215pursuant to paragraph (1)(c) or paragraph (1)(d).
216     (3)  Any officer of the Florida Highway Patrol or other law
217enforcement officer, while in the performance of the duties of
218office, is authorized to enter upon and perform inspections of
219green-tagged chassis at any ocean marine terminal which chassis
220are intended to be tendered to or interchanged with a motor
221carrier for use on a highway. In the event the officer
222determines that any green-tagged chassis is unroadworthy, the
223ocean marine terminal operator shall be fined $500 per
224occurrence.
225     (4)  Any citation issued for a violation of this act
226related to the defective condition of an intermodal chassis
227shall be issued to the ocean marine terminal operator
228responsible for the inspection and maintenance of the chassis,
229provided that the chassis is not owned by the driver and that
230the defective condition of the chassis was not caused by the
231failure of the motor carrier or its driver to operate the
232commercial vehicle in a safe manner.
233     Section 6.  Defect of contract; applicability of the
234act.--Any provision in a contract between an owner or lessee of
235an intermodal chassis and a driver that contains a hold-harmless
236or indemnity clause concerning defects in the physical condition
237of the intermodal chassis shall be void as against public
238policy. This section shall not apply to damage to the intermodal
239chassis caused by the neglect or willful failure of the motor
240carrier or its driver to operate the commercial vehicle in a
241safe manner.
242     Section 7.  Rulemaking.--The Department of Transportation
243has authority to adopt rules pursuant to ss. 120.536(1) and
244120.54, Florida Statutes, to effectuate the purposes of this
245act.
246     Section 8.  Commercial driver; duty.--Nothing in this act
247relieves a commercial driver or commercial motor carrier of any
248duty imposed by state or federal law related to the safe
249operation of a commercial motor vehicle.
250     Section 9.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.