1 | A bill to be entitled |
2 | An act relating to contract carriers; amending s. 316.302, |
3 | F.S.; applying specific requirements to contract carriers |
4 | employed by railroad companies; providing requirements for |
5 | drug and alcohol testing and rest periods; requiring that |
6 | contract carriers keep logs and maintain certain insurance |
7 | coverage; requiring the Department of Transportation to |
8 | adopt rules regulating such contract carriers; requiring |
9 | the department to inform contract carriers and railroad |
10 | companies of applicable requirements and statutes; |
11 | providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Subsections (8) through (11) of section |
16 | 316.302, Florida Statutes, are renumbered as subsections (9) |
17 | through (12), respectively, present subsection (8) is amended, |
18 | and a new subsection (8) is added to that section, to read: |
19 | 316.302 Commercial motor vehicles; safety regulations; |
20 | transporters and shippers of hazardous materials; enforcement.-- |
21 | (8) This section applies only to contract carriers |
22 | transporting railroad employees within this state. |
23 | (a) Each driver for such contract carriers must hold a |
24 | commercial driver's license. |
25 | (b) Such contract carriers shall perform alcohol and drug |
26 | testing on drivers before employment, on suspicion of drug or |
27 | alcohol use, and randomly at least once every 365 days. |
28 | (c) Drivers employed by such contract carriers may not |
29 | perform duties in excess of 14 hours per shift, with a total |
30 | driving time of 12 hours, and shall have a minimum of 10 hours |
31 | of rest between shifts. |
32 | (d) Such contract carriers shall keep logs, signed by the |
33 | drivers and the employer on a weekly basis, showing hours of |
34 | service and recording time on duty, driving time, and total time |
35 | worked per shift. The logs shall be kept by the contract |
36 | carriers for a minimum of 3 years. |
37 | (e) Such contract carriers shall maintain a minimum |
38 | liability insurance coverage of $1.5 million per vehicle and |
39 | equivalent uninsured and underinsured motorist coverage. |
40 | (f) The Department of Transportation may adopt rules to |
41 | administer this subsection. |
42 | (g) The Department of Transportation shall inform contract |
43 | carriers transporting railroad employees in this state of |
44 | applicable requirements and statutes. |
45 | (9)(8) For the purpose of enforcing this section, any law |
46 | enforcement officer of the Department of Transportation or duly |
47 | appointed agent who holds a current safety inspector |
48 | certification from the Commercial Vehicle Safety Alliance may |
49 | require the driver of any commercial vehicle operated on the |
50 | highways of this state to stop and submit to an inspection of |
51 | the vehicle or the driver's records. If the vehicle or driver is |
52 | found to be operating in an unsafe condition, or if any required |
53 | part or equipment is not present or is not in proper repair or |
54 | adjustment, and the continued operation would present an unduly |
55 | hazardous operating condition, the officer may require the |
56 | vehicle or the driver to be removed from service pursuant to the |
57 | North American Standard Out-of-Service Criteria, until |
58 | corrected. However, if continuous operation would not present an |
59 | unduly hazardous operating condition, the officer may give |
60 | written notice requiring correction of the condition within 14 |
61 | days. |
62 | (a) Any member of the Florida Highway Patrol or any law |
63 | enforcement officer employed by a sheriff's office or municipal |
64 | police department authorized to enforce the traffic laws of this |
65 | state pursuant to s. 316.640 who has reason to believe that a |
66 | vehicle or driver is operating in an unsafe condition may, as |
67 | provided in subsection (11) (10), enforce the provisions of this |
68 | section. |
69 | (b) Any person who fails to comply with an officer's |
70 | request to submit to an inspection under this subsection commits |
71 | a violation of s. 843.02 if the person resists the officer |
72 | without violence or a violation of s. 843.01 if the person |
73 | resists the officer with violence. |
74 | Section 2. This act shall take effect July 1, 2009. |