Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 725, 1st Eng.
       
       
       
       
       
       
                              Ì156244&Î156244                       
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AE/3R         .            Floor: C            
             05/03/2019 10:56 AM       .      05/03/2019 01:45 PM       
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       Senator Lee moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) and paragraphs (a), (c), (d),
    6  (f), and (j) of subsection (2) of section 316.302, Florida
    7  Statutes, are amended to read:
    8         316.302 Commercial motor vehicles; safety regulations;
    9  transporters and shippers of hazardous materials; enforcement.—
   10         (1)(a) All owners and drivers of commercial motor vehicles
   11  that are operated on the public highways of this state while
   12  engaged in interstate commerce are subject to the rules and
   13  regulations contained in 49 C.F.R. parts 382, 383, 385, 386, and
   14  390-397.
   15         (b) Except as otherwise provided in this section, all
   16  owners or drivers of commercial motor vehicles that are engaged
   17  in intrastate commerce are subject to the rules and regulations
   18  contained in 49 C.F.R. parts 382, 383, 385, 386, and 390-397,
   19  with the exception of 49 C.F.R. s. 390.5 as it relates to the
   20  definition of bus, as such rules and regulations existed on
   21  December 31, 2018 2012.
   22         (c) The emergency exceptions provided by 49 C.F.R. s.
   23  392.82 also apply to communications by utility drivers and
   24  utility contractor drivers during a Level 1 activation of the
   25  State Emergency Operations Center, as provided in the Florida
   26  Comprehensive Emergency Management plan, or during a state of
   27  emergency declared by executive order or proclamation of the
   28  Governor.
   29         (d) Except as provided in s. 316.215(5), and except as
   30  provided in s. 316.228 for rear overhang lighting and flagging
   31  requirements for intrastate operations, the requirements of this
   32  section supersede all other safety requirements of this chapter
   33  for commercial motor vehicles.
   34         (e)A person who operates a commercial motor vehicle solely
   35  in intrastate commerce which does not transport hazardous
   36  materials in amounts that require placarding pursuant to 49
   37  C.F.R. part 172 need not comply with the requirements of
   38  electronic logging devices and hours of service supporting
   39  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
   40  until December 31, 2019.
   41         (2)(a) A person who operates a commercial motor vehicle
   42  solely in intrastate commerce not transporting any hazardous
   43  material in amounts that require placarding pursuant to 49
   44  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
   45  and 395.3 49 C.F.R. ss. 391.11(b)(1) and 395.3(a) and (b).
   46         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
   47  operates a commercial motor vehicle solely in intrastate
   48  commerce not transporting any hazardous material in amounts that
   49  require placarding pursuant to 49 C.F.R. part 172 may not drive
   50  after having been on duty more than 70 hours in any period of 7
   51  consecutive days or more than 80 hours in any period of 8
   52  consecutive days if the motor carrier operates every day of the
   53  week. Thirty-four consecutive hours off duty shall constitute
   54  the end of any such period of 7 or 8 consecutive days. This
   55  weekly limit does not apply to a person who operates a
   56  commercial motor vehicle solely within this state while
   57  transporting, during harvest periods, any unprocessed
   58  agricultural products or unprocessed food or fiber that is
   59  subject to seasonal harvesting from place of harvest to the
   60  first place of processing or storage or from place of harvest
   61  directly to market or while transporting livestock, livestock
   62  feed, or farm supplies directly related to growing or harvesting
   63  agricultural products. Upon request of the Department of Highway
   64  Safety and Motor Vehicles, motor carriers shall furnish time
   65  records or other written verification to that department so that
   66  the Department of Highway Safety and Motor Vehicles can
   67  determine compliance with this subsection. These time records
   68  must be furnished to the Department of Highway Safety and Motor
   69  Vehicles within 2 days after receipt of that department’s
   70  request. Falsification of such information is subject to a civil
   71  penalty not to exceed $100. The provisions of This paragraph
   72  does do not apply to operators of farm labor vehicles operated
   73  during a state of emergency declared by the Governor or operated
   74  pursuant to s. 570.07(21) or, and do not apply to drivers of
   75  utility service vehicles as defined in 49 C.F.R. s. 395.2.
   76         (d) A person who operates a commercial motor vehicle solely
   77  in intrastate commerce not transporting any hazardous material
   78  in amounts that require placarding pursuant to 49 C.F.R. part
   79  172 within a 150 air-mile radius of the location where the
   80  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
   81  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
   82  and (v) 49 C.F.R. s. 395.1(e)(1)(iii) and (v) are met. If a
   83  driver is not released from duty within 12 hours after the
   84  driver arrives for duty, the motor carrier must maintain
   85  documentation of the driver’s driving times throughout the duty
   86  period.
   87         (f) A person who operates a commercial motor vehicle having
   88  a declared gross vehicle weight, gross vehicle weight rating,
   89  and gross combined weight rating of less than 26,001 pounds
   90  solely in intrastate commerce and who is not transporting
   91  hazardous materials in amounts that require placarding pursuant
   92  to 49 C.F.R. part 172, or who is transporting petroleum products
   93  as defined in s. 376.301, is exempt from subsection (1).
   94  However, such person must comply with 49 C.F.R. parts 382, 392,
   95  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
   96         (j) A person who is otherwise qualified as a driver under
   97  49 C.F.R. part 391, who operates a commercial motor vehicle in
   98  intrastate commerce only, and who does not transport hazardous
   99  materials in amounts that require placarding pursuant to 49
  100  C.F.R. part 172, is exempt from the requirements of 49 C.F.R.
  101  part 391, subpart E, ss. 391.41(b)(3) and 391.43(e), relating to
  102  diabetes.
  103         Section 2. Subsections (3) and (4) of section 316.515,
  104  Florida Statutes, are amended, and subsection (16) is added to
  105  that section, to read:
  106         316.515 Maximum width, height, length.—
  107         (3) LENGTH LIMITATION.—Except as otherwise provided in this
  108  section, length limitations apply solely to a semitrailer or
  109  trailer, and not to a truck tractor or to the overall length of
  110  a combination of vehicles. No combination of commercial motor
  111  vehicles coupled together and operating on the public roads may
  112  consist of more than one truck tractor and two trailing units.
  113  Unless otherwise specifically provided for in this section, a
  114  combination of vehicles not qualifying as commercial motor
  115  vehicles may consist of no more than two units coupled together;
  116  such nonqualifying combination of vehicles may not exceed a
  117  total length of 65 feet, inclusive of the load carried thereon,
  118  but exclusive of safety and energy conservation devices approved
  119  by the department for use on vehicles using public roads.
  120  Notwithstanding any other provision of this section, a truck
  121  tractor-semitrailer combination engaged in the transportation of
  122  automobiles or boats may transport motor vehicles or boats on
  123  part of the power unit; and, except as may otherwise be mandated
  124  under federal law, an automobile or boat transporter semitrailer
  125  may not exceed 50 feet in length, exclusive of the load;
  126  however, the load may extend up to an additional 6 feet beyond
  127  the rear of the trailer. The 50-feet length limitation does not
  128  apply to non-stinger-steered automobile or boat transporters
  129  that are 65 feet or less in overall length, exclusive of the
  130  load carried thereon, or to stinger-steered automobile or boat
  131  transporters that are 75 feet or less in overall length,
  132  exclusive of the load carried thereon, or to stinger-steered
  133  automobile transporters that are 80 feet or less in overall
  134  length, exclusive of the load carried thereon. For purposes of
  135  this subsection, a “stinger-steered automobile or boat
  136  transporter” is an automobile or boat transporter configured as
  137  a semitrailer combination wherein the fifth wheel is located on
  138  a drop frame located behind and below the rearmost axle of the
  139  power unit. Automobile transporters operating under this
  140  subsection may backhaul cargo or general freight if the weight
  141  of such cargo or freight does not exceed the limits imposed
  142  under s. 316.535. Notwithstanding paragraphs (a) and (b), any
  143  straight truck or truck tractor-semitrailer combination engaged
  144  in the transportation of horticultural trees may allow the load
  145  to extend up to an additional 10 feet beyond the rear of the
  146  vehicle, provided the said trees are resting against a retaining
  147  bar mounted above the truck bed so that the root balls of the
  148  trees rest on the floor and to the front of the truck bed and
  149  the tops of the trees extend up over and to the rear of the
  150  truck bed, and provided the overhanging portion of the load is
  151  covered with protective fabric.
  152         (a) Straight trucks.—A straight truck may not exceed a
  153  length of 40 feet in extreme overall dimension, exclusive of
  154  safety and energy conservation devices approved by the
  155  department for use on vehicles using public roads. A straight
  156  truck may attach a forklift to the rear of the cargo bed,
  157  provided the overall combined length of the vehicle and the
  158  forklift does not exceed 50 feet. Except as otherwise provided
  159  in this section, a straight truck may tow no more than one
  160  trailer, and the overall length of the truck-trailer combination
  161  may not exceed 68 feet, including the load thereon.
  162  Notwithstanding any other provisions of this section, a truck
  163  trailer combination engaged in the transportation of boats, or
  164  boat trailers whose design dictates a front-to-rear stacking
  165  method may not exceed the length limitations of this paragraph
  166  exclusive of the load; however, the load may extend up to an
  167  additional 6 feet beyond the rear of the trailer.
  168         (b) Semitrailers.—
  169         1. A semitrailer operating in a truck tractor-semitrailer
  170  combination may not exceed 48 feet in extreme overall outside
  171  dimension, measured from the front of the unit to the rear of
  172  the unit and the load carried thereon, exclusive of safety and
  173  energy conservation devices approved by the department for use
  174  on vehicles using public roads, unless it complies with
  175  subparagraph 2. A semitrailer which exceeds 48 feet in length
  176  and is used to transport divisible loads may operate in this
  177  state only if issued a permit under s. 316.550 and if such
  178  trailer meets the requirements of this chapter relating to
  179  vehicle equipment and safety. Except for highways on the tandem
  180  trailer truck highway network, public roads deemed unsafe for
  181  longer semitrailer vehicles or those roads on which such longer
  182  vehicles are determined not to be in the interest of public
  183  convenience shall, in conformance with s. 316.006, be restricted
  184  by the Department of Transportation or by the local authority to
  185  use by semitrailers not exceeding a length of 48 feet, inclusive
  186  of the load carried thereon but exclusive of safety and energy
  187  conservation devices approved by the department for use on
  188  vehicles using public roads. Truck tractor-semitrailer
  189  combinations shall be afforded reasonable access to terminals;
  190  facilities for food, fuel, repairs, and rest; and points of
  191  loading and unloading.
  192         2. A semitrailer which is more than 48 feet but not more
  193  than 57 feet in extreme overall outside dimension, as measured
  194  pursuant to subparagraph 1., may operate on public roads, except
  195  roads on the State Highway System which are restricted by the
  196  Department of Transportation or other roads restricted by local
  197  authorities, if:
  198         a. The distance between the kingpin or other peg that locks
  199  into the fifth wheel of a truck tractor and the center of the
  200  rear axle or rear group of axles does not exceed 41 feet, or, in
  201  the case of a semitrailer used exclusively or primarily to
  202  transport vehicles in connection with motorsports competition
  203  events, the distance does not exceed 46 feet from the kingpin to
  204  the center of the rear axles; and
  205         b. It is equipped with a substantial rear-end underride
  206  protection device meeting the requirements of 49 C.F.R. s.
  207  393.86, “Rear End Protection.”
  208         (c) Tandem trailer trucks.—
  209         1. Except for semitrailers and trailers of up to 28 1/2
  210  feet in length which existed on December 1, 1982, and which were
  211  actually and lawfully operating on that date, no semitrailer or
  212  trailer operating in a truck tractor-semitrailer-trailer
  213  combination may exceed a length of 28 feet in extreme overall
  214  outside dimension, measured from the front of the unit to the
  215  rear of the unit and the load carried thereon, exclusive of
  216  safety and energy conservation devices approved by the
  217  Department of Transportation for use on vehicles using public
  218  roads.
  219         2. Tandem trailer trucks conforming to the weight and size
  220  limitations of this chapter and in immediate transit to or from
  221  a terminal facility as defined in this chapter may operate on
  222  the public roads of this state except for residential
  223  neighborhood streets restricted by the Department of
  224  Transportation or local jurisdictions. In addition, the
  225  Department of Transportation or local jurisdictions may restrict
  226  these vehicles from using streets and roads under their
  227  maintenance responsibility on the basis of safety and
  228  engineering analyses, provided that the restrictions are
  229  consistent with the provisions of this chapter. The Department
  230  of Transportation shall develop safety and engineering standards
  231  to be used by all jurisdictions when identifying public roads
  232  and streets to be restricted from tandem trailer truck
  233  operations.
  234         3. Except as otherwise provided in this section, within 5
  235  miles of the Federal National Network for large trucks, tandem
  236  trailer trucks shall be afforded access to terminals; facilities
  237  for food, fuel, repairs, and rest; and points of loading and
  238  unloading.
  239         4. Notwithstanding the provisions of any general or special
  240  law to the contrary, all local system tandem trailer truck route
  241  review procedures must be consistent with those adopted by the
  242  Department of Transportation.
  243         5. Tandem trailer trucks employed as household goods
  244  carriers and conforming to the weight and size limitations of
  245  this chapter shall be afforded access to points of loading and
  246  unloading on the public streets and roads of this state, except
  247  for streets and roads that have been restricted from use by such
  248  vehicles on the basis of safety and engineering analyses by the
  249  jurisdiction responsible for maintenance of the streets and
  250  roads.
  251         (d) Maxi-cube vehicles.—Maxi-cube vehicles shall be allowed
  252  to operate on routes open to tandem trailer trucks under the
  253  same conditions applicable to tandem trailer trucks as specified
  254  by this section.
  255         (4) LOAD EXTENSION LIMITATION.—The load upon any vehicle
  256  operated alone, or the load upon the front vehicle of a
  257  combination of vehicles, may not extend more than 3 feet beyond
  258  the front wheels of the vehicle or the front bumper of the
  259  vehicle if it is equipped with a bumper. However, the load upon
  260  any stinger-steered automobile transporter may not extend more
  261  than 4 feet beyond the front bumper of the vehicle.
  262         (a) The limitations of this subsection do not apply to
  263  bicycle racks carrying bicycles on public sector transit
  264  vehicles.
  265         (b) The provisions of This subsection does shall not apply
  266  to a front-end loading collection vehicle, when:
  267         1. The front-end loading mechanism and container or
  268  containers are in the lowered position;
  269         2. The vehicle is engaged in collecting solid waste or
  270  recyclable or recovered materials;
  271         3. The vehicle is being operated at speeds less than 20
  272  miles per hour with the vehicular hazard-warning lights
  273  activated; and
  274         4. The extension does not exceed 8 feet 6 inches.
  275         (16) TOWAWAY TRAILER TRANSPORTER COMBINATIONS.—An unladen
  276  power unit may tow two trailers or semitrailers when the
  277  combination is not used to carry property, the overall
  278  combination length does not exceed 82 feet, and the total gross
  279  weight of the combination does not exceed 26,000 pounds. The
  280  trailers or semitrailers must constitute inventory property of a
  281  manufacturer, distributor, or dealer of such trailers or
  282  semitrailers.
  283         Section 3. Paragraph (c) of subsection (3) of section
  284  316.545, Florida Statutes, is amended to read:
  285         316.545 Weight and load unlawful; special fuel and motor
  286  fuel tax enforcement; inspection; penalty; review.—
  287         (3)
  288         (c)1. For a vehicle fueled by natural gas or electric
  289  batteries, the fine is calculated by reducing the actual gross
  290  vehicle weight by the certified weight difference between the
  291  natural gas tank or electric battery system and fueling system
  292  and a comparable diesel tank and fueling system. Upon request by
  293  any weight inspector or law enforcement officer, the vehicle
  294  operator must present written certification that identifies the
  295  weight of the natural gas tank or electric battery system and
  296  fueling system and the difference in weight of a comparable
  297  diesel tank and fueling system. The written certification must
  298  originate from the vehicle manufacturer or the installer of the
  299  natural gas tank or electric battery system and fueling system.
  300         2. The actual gross vehicle weight for vehicles fueled by
  301  natural gas or electric batteries may not exceed 82,000 pounds,
  302  excluding the weight allowed for idle-reduction technology under
  303  paragraph (b).
  304         3. This paragraph does not apply to those vehicles
  305  described in s. 316.535(6).
  306         Section 4. (1) By no later than January 1, 2020, the
  307  Department of Transportation in conjunction with the Department
  308  of Highway Safety and Motor Vehicles shall develop a permitting
  309  program that, notwithstanding any other provision of law except
  310  conflicting federal law and applicable provisions of s. 316.550,
  311  prescribes the operation of any combination of truck tractor,
  312  semitrailer, and trailer combination coupled together so as to
  313  operate as a single unit in which the semitrailer and the
  314  trailer unit may each be up to 48 feet in length, but not less
  315  than 28 feet in length, if such truck tractor, semitrailer,
  316  trailer combination is:
  317         (a) Being used for the primary purpose of transporting farm
  318  products as defined in s. 823.14(3)(c) on a prescribed route
  319  within the boundary of the Everglades Agricultural Area as
  320  described in s. 373.4592(15);
  321         (b) Traveling on a prescribed route that has been submitted
  322  to and approved by the Department of Transportation for public
  323  safety purposes having taken into account, at a minimum, the
  324  point of origin, destination, traffic and pedestrian volume on
  325  the route, turning radius at intersections along the route, and
  326  potential for damage to roadways or bridges on the route;
  327         (c) Operating only on state or local roadways within a
  328  radius of 60 miles from where such truck tractor, semitrailer,
  329  and trailer combination was loaded, however, travel is not
  330  authorized on the Interstate Highway System; and
  331         (d) Meeting the following weight limitations:
  332         1. The maximum gross weight of the truck tractor and the
  333  first trailer shall not exceed 88,000 pounds.
  334         2. The maximum gross weight of the dolly and second trailer
  335  shall not exceed 67,000 pounds.
  336         3. The maximum overall gross weight of the truck tractor
  337  semitrailer-trailer combination shall not exceed 155,000 pounds.
  338         (2) The permitting program established pursuant to
  339  subsection (1) above shall automatically expire on January 1,
  340  2025, unless reauthorized by the legislature.
  341         (3) Any such permit program may not be implemented or
  342  continued if the Federal Government notifies the department that
  343  implementation will adversely affect the allocation of federal
  344  funds to the state.
  345         Section 5. This act shall take effect October 1, 2019.
  346  
  347  ================= T I T L E  A M E N D M E N T ================
  348  And the title is amended as follows:
  349         Delete everything before the enacting clause
  350  and insert:
  351                        A bill to be entitled                      
  352         An act relating to commercial motor vehicles; amending
  353         s. 316.302, F.S.; revising regulations applicable to
  354         owners and drivers of commercial motor vehicles;
  355         exempting persons who operate a commercial motor
  356         vehicle solely in intrastate commerce which does not
  357         transport hazardous materials in amounts that require
  358         placarding from certain requirements related to
  359         electronic logging devices and hours of service
  360         supporting documents until a specified date; deleting
  361         a limitation on a civil penalty for falsification of
  362         certain time records; deleting a requirement that a
  363         motor carrier maintain certain documentation of
  364         driving times; extending an exemption from specified
  365         commercial motor vehicle requirements for a commercial
  366         vehicle having a certain gross vehicle weight rating
  367         and gross combined weight rating, under certain
  368         circumstances; deleting such exemption for a person
  369         transporting petroleum products; deleting an exemption
  370         from specified regulations relating to diabetes for
  371         certain drivers of commercial motor vehicles; amending
  372         s. 316.515, F.S.; revising length and load extension
  373         limitations for stinger-steered automobile
  374         transporters; authorizing automobile transporters to
  375         backhaul certain cargo or freight under certain
  376         circumstances; authorizing an unladen power unit to
  377         tow a certain combination of trailers or semitrailers
  378         under certain circumstances; amending s. 316.545,
  379         F.S.; providing for the calculation of specified fines
  380         for vehicles fueled by electric batteries; requiring
  381         the Department of Transportation in conjunction with
  382         the Department of Highway Safety and Motor Vehicles to
  383         develop, by a specified date, a permitting program
  384         that authorizes the operation of any combination of
  385         truck tractor, semitrailer, and trailer combination
  386         coupled together so as to operate as a single unit,
  387         subject to certain requirements; providing that the
  388         permitting program expires in five years unless
  389         reauthorized by the legislature; prohibiting a
  390         permitting program from being implemented or continued
  391         under certain circumstances; providing an effective
  392         date.