Bill Text: OH HB71 | 2009-2010 | 128th General Assembly | Engrossed

---

Bill Title: To establish requirements for contract carriers that transport railroad employees.

Spectrum: Moderate Partisan Bill (Democrat 26-5)

Status: (Engrossed - Dead) 2009-09-17 - To Insurance, Commerce, & Labor [HB71 Detail]

Download: Ohio-2009-HB71-Engrossed.html

---

As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. H. B. No. 71

Representatives Hagan, Batchelder 

Cosponsors: Representatives Foley, Harris, Ujvagi, Luckie, Book, Harwood, Winburn, Domenick, Letson, Yuko, Patten, Combs, Koziura, Huffman, Stewart, Murray, Brown, Bolon, Boyd, Chandler, DeBose, Garland, Garrison, Gerberry, Mallory, Oelslager, Szollosi, Williams, S., Yates 

---

A BILL

To enact section 4923.30 of the Revised Code to

1

establish requirements for contract carriers that

2

transport railroad employees.

3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4923.30 of the Revised Code be	4
enacted to read as follows:	5

Sec. 4923.30. (A) This section applies to all contract	6
carriers that contract with a railroad company to transport	7
on-duty employees of that railroad within this state and from	8
within this state to other states.	9

(B) All vehicles a contract carrier uses to transport	10
railroad employees shall be equipped with adequate seating and	11
heating sources for the employees and a method whereby the	12
employees are able to communicate directly with the railroad	13
company.	14

(C) A contract carrier that contracts to transport railroad	15
employees shall do all of the following:	16

(1) Require each operator who transports railroad employees	17
to have a valid driver's license;	18

(2) Provide alcohol and drug screening under 49 C.F.R. Part	19
40 for each operator who transports railroad employees;	20

(3) Conduct a criminal records check as described in section	21
109.572 of the Revised Code of each person who transports railroad	22
employees;	23

(4) Require a completed application for employment from each	24
prospective vehicle operator who will transport railroad	25
employees;	26

(5) Conduct an annual review of the driving record of each	27
driver who transports railroad employees and maintain a personal	28
file that includes a driving record for each such driver;	29

(6) Limit the hours of service of a driver who transports	30
railroad employees to ten hours on-duty time following eight	31
consecutive hours off duty;	32

(7) Prohibit any driver from operating a vehicle that is	33
transporting railroad employees after the driver has been on duty	34
sixty hours in any seven consecutive days if the contract carrier	35
does not operate commercial motor vehicles every day of the week	36
or after the driver has been on duty seventy hours in any period	37
of eight consecutive days if the contract carrier operates	38
commercial motor vehicles every day of the week;	39

(8) Require the driver of a vehicle used to transport	40
railroad employees to inspect the vehicle at the beginning and end	41
of each day the vehicle is so used. Each inspection shall include	42
the completion of an inspection checklist in a manner and format	43
prescribed by the public utilities commission. The inspection	44
checklist constitutes a maintenance record, and the contract	45
carrier shall retain the inspection checklist for not less than	46
ninety days after the date of the inspection.	47

(9) Keep every vehicle used to transport railroad employees	48
in a safe and proper operating condition by maintaining the	49
vehicle according to the maintenance schedule recommended for that	50
vehicle by its manufacturer. The contract carrier shall maintain a	51
record of all maintenance and repairs performed on each such	52
vehicle and retain each record for not less than one year and six	53
months after the date of such maintenance or repair.	54

(10) Keep time records for six months indicating the time all	55
for-hire motor carrier drivers who operate vehicles that transport	56
railroad employees report for duty, the time of relief from duty,	57
the hours driven, and the hours on duty and off duty.	58

(D) The contract carrier shall make all records this section	59
requires the contract carrier to keep available for inspection	60
upon demand by the commission or the commission's designee.	61

(E) All motor vehicles a contract carrier uses to transport	62
railroad employees within this state and from within this state to	63
other states shall at a minimum meet all state and federal laws,	64
rules, and regulations pertaining to safe construction and	65
maintenance. The drivers of such motor vehicles shall operate them	66
in full compliance with all applicable state and federal laws,	67
rules, and regulations pertaining to their operation and the	68
transportation of passengers at all times.	69

(F) Each contract carrier shall maintain no-fault insurance	70
or liability insurance in an amount not less than five million	71
dollars for each vehicle it uses to transport railroad employees	72
that is designed by its manufacturer to carry sixteen or more	73
passengers and not less than one million five hundred thousand	74
dollars for each vehicle it uses to transport railroad employees	75
that is designed by its manufacturer to carry fifteen or fewer	76
passengers. Each such vehicle also shall meet all state and	77
federal requirements for safety devices, first-aid kits, and	78
sidewalls, canopies, tailgates, or other means of retaining	79
freight safely.	80

(G) The provisions of this section establish minimum	81
standards and shall not be construed to supersede or abrogate any	82
law, rule, or regulation that imposes stricter standards upon the	83
operation of contract carriers that transport railroad employees.	84

(H) The commission, in accordance with Chapter 119. of the	85
Revised Code, shall adopt rules to implement and administer this	86
section.	87

(I) Whoever violates any provision of this section or any	88
rule adopted by the commission pursuant to this section is subject	89
to section 4923.99 of the Revised Code.	90