Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 1104
Ì331456.Î331456
LEGISLATIVE ACTION
Senate . House
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The Committee on Transportation (Brandes) recommended the
following:
1 Senate Amendment to Amendment (905658) (with title
2 amendment)
3
4 Delete lines 5 - 92
5 and insert:
6 Section 1. Present subsection (20) is amended, present
7 subsections (21) through (52) of section 316.003, Florida
8 Statutes, are renumbered as subsections (20) through (51),
9 respectively, and a new subsection (52) is added to that
10 section, to read:
11 316.003 Definitions.—The following words and phrases, when
12 used in this chapter, shall have the meanings respectively
13 ascribed to them in this section, except where the context
14 otherwise requires:
15 (20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
16 automation and safety technology that integrates sensor array,
17 wireless vehicle-to-vehicle communications, active safety
18 systems, and specialized software to link safety systems and
19 synchronize acceleration and braking between two vehicles while
20 leaving each vehicle’s steering control and systems command in
21 the control of the vehicle’s driver in compliance with the
22 National Highway Traffic Safety Administration rules regarding
23 vehicle-to-vehicle communications.
24 (52) PLATOON.—A group of individual motor vehicles
25 traveling in a unified manner at electronically coordinated
26 speeds at following distances that are closer than defined under
27 s. 316.0895(2).
28 Section 2. Section 316.0896, Florida Statutes, is repealed.
29 Section 3. Section 316.0897, Florida Statutes, is created
30 to read:
31 316.0897 Platoons.—
32 (1) Section 316.0895 does not apply to the operator of a
33 non-lead vehicle in a platoon, as defined in s. 316.003.
34 (2) A platoon may be operated on a roadway in this state
35 after an operator provides notification to the Department of
36 Transportation and the Department of Highway Safety and Motor
37 Vehicles.
38 Section 4. Subsection (1) and paragraphs (a), (c), (d), and
39 (f) of subsection (2) of section 316.302, Florida Statutes, are
40 amended to read:
41 316.302 Commercial motor vehicles; safety regulations;
42 transporters and shippers of hazardous materials; enforcement.—
43 (1) Except as otherwise provided in subsection (3):
44 (a) All owners and drivers of commercial motor vehicles
45 that are operated on the public highways of this state while
46 engaged in interstate commerce are subject to the rules and
47 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
48 (b) Except as otherwise provided in this section, all
49 owners or drivers of commercial motor vehicles that are engaged
50 in intrastate commerce are subject to the rules and regulations
51 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
52 the exception of 49 C.F.R. s. 390.5 as it relates to the
53 definition of bus, as such rules and regulations existed on
54 December 31, 2017 2012.
55 (c) The emergency exceptions provided by 49 C.F.R. s.
56 392.82 also apply to communications by utility drivers and
57 utility contractor drivers during a Level 1 activation of the
58 State Emergency Operations Center, as provided in the Florida
59 Comprehensive Emergency Management plan, or during a state of
60 emergency declared by executive order or proclamation of the
61 Governor.
62 (d) Except as provided in s. 316.215(5), and except as
63 provided in s. 316.228 for rear overhang lighting and flagging
64 requirements for intrastate operations, the requirements of this
65 section supersede all other safety requirements of this chapter
66 for commercial motor vehicles.
67 (e) For motor carriers engaged in intrastate commerce who
68 are not carrying hazardous materials in amounts that require
69 placards, the requirement for electronic logging devices and
70 hours of service support documents shall take effect December
71 31, 2019.
72 (2)(a) A person who operates a commercial motor vehicle
73 solely in intrastate commerce not transporting any hazardous
74 material in amounts that require placarding pursuant to 49
75 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
76 and 395.3 395.3(a) and (b).
77 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
78 operates a commercial motor vehicle solely in intrastate
79 commerce not transporting any hazardous material in amounts that
80 require placarding pursuant to 49 C.F.R. part 172 may not drive
81 after having been on duty more than 70 hours in any period of 7
82 consecutive days or more than 80 hours in any period of 8
83 consecutive days if the motor carrier operates every day of the
84 week. Thirty-four consecutive hours off duty shall constitute
85 the end of any such period of 7 or 8 consecutive days. This
86 weekly limit does not apply to a person who operates a
87 commercial motor vehicle solely within this state while
88 transporting, during harvest periods, any unprocessed
89 agricultural products or unprocessed food or fiber that is
90 subject to seasonal harvesting from place of harvest to the
91 first place of processing or storage or from place of harvest
92 directly to market or while transporting livestock, livestock
93 feed, or farm supplies directly related to growing or harvesting
94 agricultural products. Upon request of the Department of Highway
95 Safety and Motor Vehicles, motor carriers shall furnish time
96 records or other written verification to that department so that
97 the Department of Highway Safety and Motor Vehicles can
98 determine compliance with this subsection. These time records
99 must be furnished to the Department of Highway Safety and Motor
100 Vehicles within 2 days after receipt of that department’s
101 request. Falsification of such information is subject to a civil
102 penalty not to exceed $100. The provisions of This paragraph
103 does do not apply to operators of farm labor vehicles operated
104 during a state of emergency declared by the Governor or operated
105 pursuant to s. 570.07(21), and does do not apply to drivers of
106 utility service vehicles as defined in 49 C.F.R. s. 395.2.
107 (d) A person who operates a commercial motor vehicle solely
108 in intrastate commerce not transporting any hazardous material
109 in amounts that require placarding pursuant to 49 C.F.R. part
110 172 within a 150 air-mile radius of the location where the
111 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
112 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
113 395.1(e)(1)(iii) and (v) are met. If a driver is not released
114 from duty within 12 hours after the driver arrives for duty, the
115 motor carrier must maintain documentation of the driver’s
116 driving times throughout the duty period.
117 (f) A person who operates a commercial motor vehicle having
118 a declared gross vehicle weight, gross vehicle weight rating,
119 and gross combined weight rating of less than 26,001 pounds
120 solely in intrastate commerce and who is not transporting
121 hazardous materials in amounts that require placarding pursuant
122 to 49 C.F.R. part 172, or who is transporting petroleum products
123 as defined in s. 376.301, is exempt from subsection (1).
124 However, such person must comply with 49 C.F.R. parts 382, 392,
125 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
126 Section 5. Subsection (3) of section 316.303, Florida
127 Statutes, is amended to read:
128 316.303 Television receivers.—
129 (3) This section does not prohibit the use of an electronic
130 display used in conjunction with a vehicle navigation system; an
131 electronic display used by an operator of a vehicle equipped
132 with autonomous technology, as defined in s. 316.003; or an
133 electronic display used by an operator of a platoon vehicle
134 equipped and operating with driver-assistive truck platooning
135 technology, as defined in s. 316.003.
136
137 ================= T I T L E A M E N D M E N T ================
138 And the title is amended as follows:
139 Delete lines 211 - 224
140 and insert:
141 s. 316.003, F.S.; deleting the term “driver-assistive
142 truck platooning technology”; defining the term
143 “platoon”; repealing s. 316.0896, F.S., relating to
144 the assistive truck platooning technology pilot
145 project; creating s. 316.0897, F.S.; exempting the
146 operator of a non-lead vehicle in a platoon from a
147 specified provision; authorizing a platoon to be
148 operated on a roadway in this state after an operator
149 provides notification to the Department of
150 Transportation and the Department of Highway Safety
151 and Motor Vehicles; amending s. 316.302, F.S.;
152 revising regulations to which owners and drivers of
153 commercial motor vehicles are subject; delaying the
154 requirement for electronic logging devices and support
155 documents for certain intrastate motor carriers;
156 deleting a limitation on a civil penalty for
157 falsification of certain time records; deleting a
158 requirement that a motor carrier maintain certain
159 documentation of driving times; providing an exemption
160 from specified provisions for a person who operates a
161 commercial motor vehicle with a certain gross vehicle
162 weight, gross vehicle weight rating, and gross
163 combined weight rating; deleting the exemption from
164 such provisions for a person transporting petroleum
165 products; amending s. 316.303, F.S.; conforming a
166 provision to changes made by the act; amending s.
167 320.01, F.S.; revising