1

A bill to be entitled

2

An act relating to contract carriers; amending s. 316.302,

3

F.S.; applying specified rules and regulations to contract

4

carriers employed by railroad companies; requiring the

5

Department of Transportation to adopt rules regulating

6

such contract carriers; requiring the department to inform

7

contract carriers and railroad companies of applicable

8

requirements and statutes; providing an effective date.

9

10

Be It Enacted by the Legislature of the State of Florida:

11

12

     Section 1.  Subsections (8) through (11) of section 316.302,

13

Florida Statutes, are renumbered as subsections (9) through (12),

14

respectively, present subsection (8) is amended, and a new

15

subsection (8) is added to that section, to read:

16

     316.302  Commercial motor vehicles; safety regulations;

17

transporters and shippers of hazardous materials; enforcement.--

18

     (8) This section applies only to contract carriers

19

transporting railroad employees within this state.

20

     (a) Each driver for such contract carrier must hold a

21

commercial driver's license.

22

     (b) Such contract carriers shall perform alcohol and drug

23

testing on drivers before employment, on suspicion of drug or

24

alcohol use, and randomly at least once every 365 days.

25

     (c) Such contract carrier operators must not perform duties

26

in excess of 14 hours per shift, with a total driving time of 12

27

hours, and shall have a minimum of 10 hours of rest between

28

shifts.

29

     (d) Such contract carriers shall keep logs, signed by both

30

the employee and the employer on a weekly basis, of hours of

31

service recording time on duty, driving time, and total time

32

worked per shift. The logs shall be kept by the contract carrier

33

for a minimum of 3 years.

34

     (e) Such contract carrier companies shall maintain a

35

minimum liability insurance coverage of $1.5 million per vehicle

36

and equivalent uninsured and underinsured motorist coverage.

37

     (f) The Department of Transportation may adopt rules for

38

the implementation and administration of this subsection.

39

     (g) The Department of Transportation shall inform contract

40

carriers transporting railroad employees in this state of

41

applicable requirements and statutes.

42

     (9)(8) For the purpose of enforcing this section, any law

43

enforcement officer of the Department of Transportation or duly

44

appointed agent who holds a current safety inspector

45

certification from the Commercial Vehicle Safety Alliance may

46

require the driver of any commercial vehicle operated on the

47

highways of this state to stop and submit to an inspection of the

48

vehicle or the driver's records. If the vehicle or driver is

49

found to be operating in an unsafe condition, or if any required

50

part or equipment is not present or is not in proper repair or

51

adjustment, and the continued operation would present an unduly

52

hazardous operating condition, the officer may require the

53

vehicle or the driver to be removed from service pursuant to the

54

North American Uniform Out-of-Service Criteria, until corrected.

55

However, if continuous operation would not present an unduly

56

hazardous operating condition, the officer may give written

57

notice requiring correction of the condition within 14 days.

58

     (a)  Any member of the Florida Highway Patrol or any law

59

enforcement officer employed by a sheriff's office or municipal

60

police department authorized to enforce the traffic laws of this

61

state pursuant to s. 316.640 who has reason to believe that a

62

vehicle or driver is operating in an unsafe condition may, as

63

provided in subsection (11) (10), enforce the provisions of this

64

section.

65

     (b)  Any person who fails to comply with an officer's

66

request to submit to an inspection under this subsection commits

67

a violation of s. 843.02 if the person resists the officer

68

without violence or a violation of s. 843.01 if the person

69

resists the officer with violence.

70

     Section 2.  This act shall take effect July 1, 2008.