Bill Text: IA SF2307 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A bill for an act concerning matters relating to the transportation of railroad workers and providing penalties. (Formerly SF 335.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-03-13 - Referred to Transportation. S.J. 551. [SF2307 Detail]

Download: Iowa-2013-SF2307-Introduced.html

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Senate File 2307 - Introduced
SENATE FILE 2307
BY COMMITTEE ON TRANSPORTATION
(SUCCESSOR TO SF 335)
A BILL FOR
An Act concerning matters relating to the transportation of
railroad workers and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 327F.39, subsection 1, Code 2014, is
amended by adding the following new paragraphs:
NEW PARAGRAPH . 0e. “Employee” , when used in connection
with the transportation of railroad workers, means a driver
who performs a service for the railroad worker transportation
company, either for wages or as an independent contractor.
NEW PARAGRAPH . 00e. “Employer” , when used in connection
with the transportation of railroad workers, means a railroad
worker transportation company.
Sec. 2. Section 327F.39, subsection 1, paragraph h, Code
2014, is amended to read as follows:
h. “Railroad worker transportation company” means a person,
other than a railroad corporation company , organized for the
purpose of or engaged in the business of transporting, for
hire, railroad workers to or from their places of employment or
in the course of their employment in motor vehicles designed
to carry seven or more persons but fewer than sixteen persons
including the driver.
Sec. 3. Section 327F.39, subsection 3, Code 2014, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . a. An employer who owns or operates a
motor vehicle for the transportation of railroad workers
shall inspect the motor vehicle or cause the motor vehicle to
be inspected annually in compliance with 49 C.F.R. §396.17,
as amended, by a person qualified to perform the inspection
as provided in 49 C.F.R. §396.19, as amended. In addition,
the employer shall require each employee who drives a motor
vehicle for the transportation of railroad workers to complete
a written daily report as provided in 49 C.F.R. §396.11, as
amended.
NEW PARAGRAPH . b. An employer shall establish a maintenance
and repair program that provides for weekly inspection of each
motor vehicle operated by its employees for the transportation
of railroad workers to assure overall cleanliness of the motor
vehicle, that parts and accessories are in safe and operable
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condition, and that the motor vehicle is equipped with all of
the following in good repair:
(1) Tires with sufficient tread as prescribed in 49 C.F.R.
§393.75, as amended.
(2) A fully inflated spare tire.
(3) A secure location for personal baggage, including
proper baggage restraints.
(4) Fully operational seatbelts for all passenger seats.
(5) If required by weather conditions, traction devices,
studs, or chains.
(6) A heater and air conditioner that are properly working
with properly working fans.
(7) An emergency road kit that contains, at a minimum, a
tire-inflating aerosol can, flares or reflective triangles,
jumper cables, and a fire extinguisher.
(8) A readily available first aid kit in compliance with
29 C.F.R. §1910.151, as amended, which includes the articles
described in appendix A of that section.
NEW PARAGRAPH . c. A motor vehicle used for the
transportation of railroad workers shall be equipped with an
operable amber flashing light mounted on the rear one-third
portion of the roof in order to provide warning to other
motorists whenever the vehicle has slowed or stopped on or near
the roadway.
NEW PARAGRAPH . d. A motor vehicle used for the
transportation of railroad workers shall not be operated in a
condition that is likely to cause an accident or a mechanical
breakdown.
NEW PARAGRAPH . e. An employer shall maintain records
relating to the maintenance and repair program for each motor
vehicle operated by its employees for the transportation of
railroad workers. The records shall include:
(1) Identifying information for the motor vehicle,
including the vehicle identification number; make, model, and
year of manufacture; and the railroad company’s identification
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S.F. 2307
number if provided.
(2) Owner information if the employer is not the owner of
the vehicle.
(3) The history of inspections, repairs, and maintenance
that describes each activity and the date the activity was
performed.
NEW PARAGRAPH . f. Records required under this section shall
be maintained by an employer at its principal place of business
for one year. If a motor vehicle leaves the employer’s
control, the records pertaining to that vehicle shall be
maintained by the employer at the employer’s principal place of
business for six months.
NEW PARAGRAPH . g. An employer and the employer’s officers,
agents, and employees who are involved with the inspection or
maintenance of motor vehicles shall comply with the employer’s
maintenance and repair program as provided under this section.
Sec. 4. Section 327F.39, Code 2014, is amended by adding the
following new subsections:
NEW SUBSECTION . 5A. Driver qualifications.
a. An employer shall maintain a driver qualification
file for each employee who drives a motor vehicle for the
transportation of railroad workers. The driver qualification
file shall include all of the following:
(1) A certificate of physical examination signed and dated
within the previous two years by a physician licensed under
chapter 148 certifying that the employee is physically able to
operate a motor vehicle.
(2) Documentation that the employer has reviewed the
driver’s driving record within the previous twelve months.
(3) Documentation relating to the driver’s violation of any
applicable motor vehicle laws or ordinances.
(4) Other documentation related to the driver’s
qualification or ability to drive a motor vehicle.
(5) The driver’s application for employment as provided by
49 C.F.R. §391.21, as amended.
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(6) References from previous employers, if required by the
current employer.
(7) A copy of the driver’s current class D driver’s license
or an equivalent driver’s license.
b. A person shall be disqualified from driving for an
employer if the driver is convicted of two or more serious
traffic violations committed within a three-year period in this
state or another state. For purposes of this section, “serious
traffic violation” means any violation committed while operating
a motor vehicle if the violation resulted in the suspension
or revocation of the person’s driver’s license, or any of the
following violations, whether or not the violation resulted in
license suspension or revocation:
(1) A violation of chapter 321J or an equivalent law of
another state.
(2) A seat belt violation.
(3) A violation of commercial motor vehicle laws.
(4) A speeding violation for a speed of fifteen miles per
hour or more over the legal limit.
(5) Negligent homicide.
(6) Using a motor vehicle in the commission of a felony.
(7) Evading arrest.
(8) Using a motor vehicle to flee law enforcement.
(9) Careless driving.
(10) Prohibited passing of another vehicle.
(11) Unlawfully passing a stopped school bus.
(12) Failure to obey an official traffic-control signal or
device.
(13) Failure to obey a railroad crossing gate.
(14) Driving while the person’s driver’s license or
operating privileges are suspended, canceled, or revoked.
(15) Driving the wrong way on a one-way street.
c. Prior to allowing a person to perform the duties of
a driver, an employer shall require the person to submit to
testing for alcohol and controlled substances as provided in
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49 C.F.R. pts. 40 and 382, as amended. A person shall not be
allowed to perform the duties of a driver unless the alcohol
test result for the person indicates an alcohol concentration
of zero and the controlled substances test result from a
medical review officer, as defined in 49 C.F.R. §40.3, as
amended, indicates a verified negative.
d. (1) As soon as practicable following an accident
involving a motor vehicle owned or operated by an employer,
the employer shall test each surviving driver for alcohol and
controlled substances if any of the following apply:
(a) The accident involved the death of a person.
(b) The driver received a citation for a moving violation
arising from the accident and the accident involved bodily
injury to a person who immediately received medical treatment
after the accident.
(c) The driver received a citation for a moving violation
arising from the accident and the accident involved disabling
damage to one or more motor vehicles involved in the accident.
(2) Testing for the presence of alcohol shall be conducted
immediately following the accident or no later than eight hours
after the accident. Testing for the presence of controlled
substances shall be conducted immediately following the
accident or no later than thirty-two hours after the accident.
The test results shall be submitted to the department. The
employer shall maintain a record of the test results for five
years following the date of the accident.
e. Notwithstanding any other provision, a person shall be
disqualified from driving for the employer upon the occurrence
of any of the following:
(1) The person’s alcohol and controlled substances test
results are not in compliance with paragraph “c” .
(2) The person refuses to provide a specimen for alcohol
testing, testing for controlled substances, or both.
(3) The person submits an adulterated specimen, a dilute
positive specimen, or a substituted specimen for an alcohol
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test or a test for controlled substances.
f. Testing of an employee for the presence of alcohol or a
controlled substance under this subsection shall be performed
in accordance with section 730.5.
NEW SUBSECTION . 5B. Financial liability coverage.
a. An employer shall maintain financial liability coverage
in the amount of one million dollars per person, up to a
maximum of five million dollars, for each motor vehicle owned
or operated by the employer to transport railroad workers.
b. An employer shall maintain uninsured and underinsured
motor vehicle coverage in the amount of one million dollars
per motor vehicle occupant, up to a maximum of five million
dollars, for each motor vehicle owned or operated by the
employer to transport railroad workers.
Sec. 5. Section 327F.39, subsection 6, Code 2014, is amended
to read as follows:
6. Rule violations Violations . When the administrator
finds that a motor vehicle used to transport workers to and
from their places of employment or during the course of their
employment violates is not in compliance with this section or a
rule adopted under this section , the administrator shall make,
enter, and serve upon the owner of the motor vehicle an order
as necessary to protect the safety of workers transported in
the motor vehicle. The administrator may direct in the order,
as a condition to the continued use of the motor vehicle for
transporting workers to and from their places of employment or
during the course of their employment, that additions, repairs,
improvements, or changes be made and that safety devices and
safeguards be furnished and used as required to satisfy the
rules in the manner and within the time specified in the order.
The order may also require that any driver of the motor vehicle
satisfy the minimum standards for a driver under the this
section or rules adopted under this section .
Sec. 6. Section 327F.39, Code 2014, is amended by adding the
following new subsection:
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NEW SUBSECTION . 6A. Access provided to department. An
employer shall provide the department, or an agent or employee
of the department, with access to the following:
a. A facility owned or controlled by the employer, for the
purpose of determining compliance with this section.
b. Records related to an accident involving a vehicle owned
or operated by the employer.
Sec. 7. Section 327F.39, subsection 7, Code 2014, is amended
to read as follows:
7. Penalty.
a. Violation Except as otherwise provided in this
subsection, a violation by the owner of a motor vehicle of this
section , a rule adopted under this section , or an order issued
under subsection 6 , or willful failure to comply with such an
order is, upon conviction, subject to a schedule “one” penalty
as provided under section 327C.5 .
b. A violation of subsection 5 or rules adopted pursuant
to subsection 5 by a railroad worker transportation company or
a railroad company is punishable as a schedule “one” penalty
under section 327C.5 .
c. A railroad worker transportation company or a railroad
company that violates this section or a rule adopted pursuant
to this section may be subject to a civil penalty not to exceed
two thousand dollars in addition to any other penalty provided
by law.
d. Each violation of this section or a rule adopted pursuant
to this section constitutes a separate and distinct offense,
and for violations of a continuing nature, each day that a
violation continues constitutes a separate offense.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill contains provisions relating to companies
that operate motor vehicles and employ drivers for the
transportation of railroad workers.
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Under the bill, the term “employer” means a railroad worker
transportation company. The term “employee” refers to a driver
who performs a service for a railroad worker transportation
company, either for wages or as an independent contractor.
The bill requires an employer to provide for annual
inspection of the employer’s motor vehicles by a qualified
person. In addition, each employee who drives a motor vehicle
must complete a daily written vehicle report. An employer is
also required to establish a maintenance and repair program
that includes weekly inspection of each motor vehicle, with a
focus on cleanliness and the condition of vehicle parts and
accessories specified in the bill. An employer is required to
maintain records relating to vehicle maintenance and repair for
one year, or for a vehicle no longer in the employer’s control,
for six months.
The bill requires an employer to maintain a driver
qualification file for each employee that includes specified
documentation relating to the employee’s driving record
and employment record. The bill states that an employee
is disqualified from driving for an employer if the driver
is convicted of two or more serious traffic violations
committed within three years in Iowa or in any other state.
For purposes of the bill, “serious traffic violation” means
any violation committed while operating a motor vehicle
if the violation resulted in suspension or revocation of
the person’s drivers license, or the following violations,
whether or not the violation resulted in license suspension
or revocation: operating while intoxicated, a seat belt
violation, a violation of commercial motor vehicle laws,
speeding more than 15 miles per hour over the limit, negligent
homicide, using a motor vehicle in commission of a felony,
evading arrest, using a motor vehicle to flee law enforcement,
careless driving, prohibited passing, unlawfully passing a
school bus, failure to obey a traffic control signal or device,
driving while suspended, and driving the wrong way on a one-way
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street.
The bill requires drivers to be tested for the presence of
alcohol and controlled substances as a condition of employment.
In addition, an employer is required to have a driver tested
for alcohol and controlled substances following an accident
occurring in the course of the driver’s employment if the
accident involved the death of a person, or if the accident
resulted in bodily injury to a person or disabling damage to a
motor vehicle and the driver received a citation for a moving
violation. Grounds for disqualification of a driver include
a test result indicating an alcohol concentration above zero
or a controlled substance test result other than a verified
negative; refusing to provide a specimen for testing; or
adulteration, dilution, or substitution of a specimen.
The bill requires an employer to maintain financial
liability coverage in the amount of $1 million per person, up
to a maximum of $5 million per motor vehicle owned or operated
by the employer and uninsured or underinsured motorist coverage
in the amount of $1 million per motor vehicle occupant, up to a
maximum of $5 million per motor vehicle.
The bill requires an employer to provide the department of
transportation with access to the employer’s facilities and to
records relating to accidents involving the employer’s motor
vehicles.
Pursuant to current law, a violation of the provisions
relating to the transportation of railroad workers is
punishable by a schedule “one” penalty, which is a fine of
$100. The bill allows an additional civil penalty of up to
$2,000 to be imposed for any violation of the provisions of the
bill by a railroad company or a railroad worker transportation
company. Each violation of the provisions relating to the
transportation of railroad workers constitutes a separate and
distinct offense, and for violations of a continuing nature,
each day that a violation continues constitutes a separate
offense.
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