HB 557

1
A bill to be entitled
2An act relating to contract carriers; amending s. 316.302,
3F.S.; applying specific requirements to contract carriers
4employed by railroad companies; providing requirements for
5drug and alcohol testing and rest periods; requiring that
6contract carriers keep logs and maintain certain insurance
7coverage; requiring the Department of Transportation to
8adopt rules regulating such contract carriers; requiring
9the department to inform contract carriers and railroad
10companies of applicable requirements and statutes;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsections (8) through (11) of section
16316.302, Florida Statutes, are renumbered as subsections (9)
17through (12), respectively, present subsection (8) is amended,
18and a new subsection (8) is added to that section, to read:
19     316.302  Commercial motor vehicles; safety regulations;
20transporters and shippers of hazardous materials; enforcement.--
21     (8)  This section applies only to contract carriers
22transporting railroad employees within this state.
23     (a)  Each driver for such contract carriers must hold a
24commercial driver's license.
25     (b)  Such contract carriers shall perform alcohol and drug
26testing on drivers before employment, on suspicion of drug or
27alcohol use, and randomly at least once every 365 days.
28     (c)  Drivers employed by such contract carriers may not
29perform duties in excess of 14 hours per shift, with a total
30driving time of 12 hours, and shall have a minimum of 10 hours
31of rest between shifts.
32     (d)  Such contract carriers shall keep logs, signed by the
33drivers and the employer on a weekly basis, showing hours of
34service and recording time on duty, driving time, and total time
35worked per shift. The logs shall be kept by the contract
36carriers for a minimum of 3 years.
37     (e)  Such contract carriers shall maintain a minimum
38liability insurance coverage of $1.5 million per vehicle and
39equivalent uninsured and underinsured motorist coverage.
40     (f)  The Department of Transportation may adopt rules to
41administer this subsection.
42     (g)  The Department of Transportation shall inform contract
43carriers transporting railroad employees in this state of
44applicable requirements and statutes.
45     (9)(8)  For the purpose of enforcing this section, any law
46enforcement officer of the Department of Transportation or duly
47appointed agent who holds a current safety inspector
48certification from the Commercial Vehicle Safety Alliance may
49require the driver of any commercial vehicle operated on the
50highways of this state to stop and submit to an inspection of
51the vehicle or the driver's records. If the vehicle or driver is
52found to be operating in an unsafe condition, or if any required
53part or equipment is not present or is not in proper repair or
54adjustment, and the continued operation would present an unduly
55hazardous operating condition, the officer may require the
56vehicle or the driver to be removed from service pursuant to the
57North American Standard Out-of-Service Criteria, until
58corrected. However, if continuous operation would not present an
59unduly hazardous operating condition, the officer may give
60written notice requiring correction of the condition within 14
61days.
62     (a)  Any member of the Florida Highway Patrol or any law
63enforcement officer employed by a sheriff's office or municipal
64police department authorized to enforce the traffic laws of this
65state pursuant to s. 316.640 who has reason to believe that a
66vehicle or driver is operating in an unsafe condition may, as
67provided in subsection (11) (10), enforce the provisions of this
68section.
69     (b)  Any person who fails to comply with an officer's
70request to submit to an inspection under this subsection commits
71a violation of s. 843.02 if the person resists the officer
72without violence or a violation of s. 843.01 if the person
73resists the officer with violence.
74     Section 2.  This act shall take effect July 1, 2009.


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