Florida Senate - 2013                                    SB 1054
       
       
       
       By Senator Brandes
       
       
       
       
       22-01308B-13                                          20131054__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.302, F.S.;
    4         providing that owners or drivers of certain commercial
    5         motor vehicles are subject to specific federal
    6         commercial driver license standards; providing that
    7         commercial motor vehicles transporting hazardous
    8         material are subject to federal regulations relating
    9         to the designation of approval and certification
   10         agencies; deleting exemptions from commercial motor
   11         vehicle rules for the transportation of liquefied
   12         petroleum gas; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (b) of subsection (1), paragraph (a)
   17  of subsection (4), and subsection (9) of section 316.302,
   18  Florida Statutes, are amended to read:
   19         316.302 Commercial motor vehicles; safety regulations;
   20  transporters and shippers of hazardous materials; enforcement.—
   21         (1)
   22         (b) Except as otherwise provided in this section, all
   23  owners or drivers of commercial motor vehicles that are engaged
   24  in intrastate commerce are subject to the rules and regulations
   25  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
   26  the exception of 49 C.F.R. s. 390.5 as it relates to the
   27  definition of bus, as such rules and regulations existed on
   28  October 1, 2011.
   29         (4)(a) Except as provided in this subsection, all
   30  commercial motor vehicles transporting any hazardous material on
   31  any road, street, or highway open to the public, whether engaged
   32  in interstate or intrastate commerce, and any person who offers
   33  hazardous materials for such transportation, are subject to the
   34  regulations contained in 49 C.F.R. part 107, subpart F, subpart
   35  G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180.
   36  Effective July 1, 1997, the exceptions for intrastate motor
   37  carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby
   38  adopted.
   39         (9)(a) This section is not applicable to the transporting
   40  of liquefied petroleum gas. The rules and regulations applicable
   41  to the transporting of liquefied petroleum gas on the highways,
   42  roads, or streets of this state shall be only those adopted by
   43  the Department of Agriculture and Consumer Services under
   44  chapter 527. However, transporters of liquefied petroleum gas
   45  must comply with the requirements of 49 C.F.R. parts 393 and
   46  396.9.
   47         (b) This section does not apply to a any nonpublic sector
   48  bus.
   49         Section 2. This act shall take effect July 1, 2013.