Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1104
       
       
       
       
       
       
                                Ì331456.Î331456                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/18/2018           .                                
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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 Section 316.0896, Florida Statutes, is repealed.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