Senate Bill sb2452

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2452

    By Senator Klein





    30-1474-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to cargo chassis; defining

  3         "ocean marine terminal" and "intermodal

  4         chassis" or "chassis"; requiring the

  5         inspection, tagging, quarantine, and repair of

  6         cargo chassis that fail to pass described

  7         roadability inspections; providing for

  8         inspection of chassis in lieu of inspections

  9         required for motor carriers or motor vehicles;

10         providing for application; prohibiting ocean

11         marine terminal operators to tender to or

12         interchange with a motor carrier an intermodal

13         chassis that fails to pass inspection;

14         requiring certification that the chassis has

15         passed inspection; providing penalties for

16         violation; providing that the inspection

17         requirement is in addition to specified annual

18         inspection; requiring routine chassis

19         inspections prior to placement of container on

20         the chassis and prior to release for operation;

21         requiring daily records of the inspections;

22         providing for form and content of such records;

23         prohibiting retaliation against an inspector;

24         providing procedure and remedies for violation;

25         requiring specified identification and

26         separation of chassis that pass and fail the

27         inspection; providing for tags to specify

28         whether a chassis has passed or failed the

29         inspection; authorizing a driver to request

30         reinspection of chassis under certain

31         circumstances; providing procedures; providing

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    Florida Senate - 2004                                  SB 2452
    30-1474-04                                              See HB




 1         for compensation of the driver under specified

 2         circumstances; prohibiting retaliation against

 3         the driver; providing procedures and remedies

 4         for violation; requiring records of

 5         reinspection requests; providing for content of

 6         such records; authorizing driver to contact law

 7         enforcement agency in lieu of making such

 8         reinspection request; providing for maintenance

 9         and availability of records; requiring the

10         Department of Transportation to conduct onsite

11         reviews to determine compliance; providing

12         procedures in the event of noncompliance;

13         providing procedures in the event of inspection

14         results indicating imminent danger to the

15         public; authorizing officers of the Florida

16         Highway Patrol and other law enforcement

17         officers to enter premises and perform

18         inspections; providing for citation of

19         violations; providing penalties for such

20         citations; providing for defect in and

21         voidability of certain contracts; authorizing

22         the Department of Transportation to adopt

23         rules; providing for applicability of the act

24         to safe driving laws; providing an effective

25         date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Definitions.--As used in this act, the

30  following definitions shall apply:

31  

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    Florida Senate - 2004                                  SB 2452
    30-1474-04                                              See HB




 1         (1)  "Ocean marine terminal" means any terminal,

 2  whether public or private, located at a port facility that

 3  engages in the loading and unloading of the cargo of

 4  oceangoing vessels.

 5         (2)  "Intermodal chassis" or "chassis" means a trailer

 6  designed to carry intermodal freight containers.

 7         Section 2.  Applicability.--

 8         (1)  Any ocean marine terminal that receives and

 9  dispatches intermodal chassis shall implement and carry out

10  the intermodal chassis roadability inspection program, as

11  described in this act, in lieu of any inspection required by

12  law for motor carriers or motor vehicles.

13         (2)  No ocean marine terminal operator shall tender to

14  or interchange with a motor carrier an intermodal chassis that

15  fails to pass the inspection required by this act and that

16  fails to meet the requirements set forth in Federal Motor

17  Carrier Safety Regulations, 49 C.F.R. s. 396. Any ocean marine

18  terminal operator tendering to or interchanging with a motor

19  carrier such equipment shall provide certification that the

20  chassis has passed the inspection set forth in this act. Any

21  ocean marine terminal operator who violates this section shall

22  be fined up to $500 per occurrence.

23         (3)  Nothing in this act shall supersede the inspection

24  requirement and standard under 49 C.F.R. s. 396 that requires

25  ocean marine terminal operators to conduct annual inspections

26  of chassis. This act imposes an additional requirement that

27  ocean marine terminal operators inspect chassis on a routine

28  basis.

29         Section 3.  Intermodal chassis roadability inspection

30  program.--

31  

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    Florida Senate - 2004                                  SB 2452
    30-1474-04                                              See HB




 1         (1)  Ocean marine terminal operators shall inspect all

 2  chassis pursuant to this section before a container is placed

 3  on the chassis and before the chassis is released for

 4  operation. The inspection shall include, but not be limited

 5  to, brake adjustment; an inspection of brake system components

 6  and leaks, suspension systems, tires and wheels, vehicle

 7  connecting devices, and lights and electrical systems; and a

 8  visual inspection of the chassis to determine whether it has

 9  been tampered with.

10         (2)  Each inspection shall be recorded on a daily

11  roadability inspection report that shall include, but not be

12  limited to, all of the following:

13         (a)  Positive identification of the intermodal chassis,

14  including company identification number and vehicle license

15  plate number.

16         (b)  The date and nature of each inspection.

17         (c)  The signature, under penalty or perjury, of the

18  ocean marine terminal operator or an authorized representative

19  attesting to the fact that the inspection has been performed

20  and that the chassis is roadworthy.

21         (3)  Individuals performing inspections pursuant to

22  this section shall be qualified, at a minimum, as set forth in

23  49 C.F.R. s. 396.19. Evidence of each inspector's

24  qualification shall be retained by the ocean marine terminal

25  for the period of time during which the inspector is

26  performing such inspections. No inspector shall be threatened,

27  coerced, or otherwise retaliated against by an ocean marine

28  terminal operator for refusing to pass a chassis that fails an

29  inspection or for designating a chassis for repair. In the

30  event that an inspector is so threatened, the inspector shall

31  be protected by and afforded all rights and remedies provided

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    Florida Senate - 2004                                  SB 2452
    30-1474-04                                              See HB




 1  by law. Any violation of this section shall be subject to the

 2  procedures, remedies, and relief provided by law.

 3         (4)  As part of the inspection, the inspector shall

 4  affix a tamper-proof green tag on a chassis that has passed

 5  inspection and a red tag on a chassis that has failed

 6  inspection. The tag shall contain the name of the inspector

 7  and the date and time the inspection was completed and shall

 8  be placed on the driver's side of the chassis next to the

 9  chassis' identification plate. A red tag must specify the

10  defects that warranted the failed inspection and that require

11  repair. The tag shall be provided by the ocean marine terminal

12  operator and shall meet specifications determined by the

13  Department of Transportation.

14         (5)  Chassis shall be segregated according to their tag

15  designation under subsection (4). Green-tagged chassis shall

16  be kept in an area designated for interchange with motor

17  carriers. Red-tagged chassis shall be transported to an onsite

18  facility where repairs and any required maintenance may be

19  performed. Defects identified during any inspection of any

20  intermodal chassis shall be repaired and the repairs shall be

21  recorded on the intermodal chassis maintenance file before the

22  chassis is released from the control of the ocean marine

23  terminal. No chassis subject to this act shall be released to

24  a motor carrier or operated on a public road until all defects

25  listed during the inspection have been corrected, the chassis

26  passes inspection, and the ocean marine terminal operator's

27  authorized representative attests to that fact and affixes a

28  green tag on the chassis.

29         (6)(a)  Any driver who believes that a chassis is in an

30  unsafe operating condition may request that the chassis be

31  reinspected by the entity responsible for the inspection and

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    Florida Senate - 2004                                  SB 2452
    30-1474-04                                              See HB




 1  maintenance of the chassis pursuant to this act. In the event

 2  that such a request is made, the driver:

 3         1.  Shall not be made responsible for delivery of the

 4  chassis to the repair facility.

 5         2.  Shall receive a green-tagged chassis without delay.

 6         (b)  In the event a driver is forced to wait for 1 or

 7  more hours to receive a green-tagged chassis, the ocean marine

 8  terminal operator shall compensate the driver at a rate of

 9  $100 per hour.

10         (c)  Such a request, any corrective action taken, or

11  the reason corrective action was not taken shall be recorded

12  in the intermodal chassis maintenance file.

13         (d)  Alternatively, the driver may contact a law

14  enforcement agency with regard to the physical condition of

15  the chassis.

16         (7)  No driver shall be threatened, coerced, or

17  otherwise retaliated against by an ocean marine terminal

18  operator for requesting that the intermodal chassis be

19  reinspected or repaired or for contacting a law enforcement

20  agency with regard to the physical condition of a chassis. In

21  the event that a commercial driver is so threatened, coerced,

22  or otherwise retaliated against, the driver shall be protected

23  by and afforded all rights and remedies provided by law. Any

24  person who violates this section shall be subject to the

25  penalties provided for by law.

26         Section 4.  Maintenance and inspection of records.--

27         (1)  Records of each inspection conducted pursuant to

28  this act shall be:

29         (a)  Maintained for 90 days at the ocean marine

30  terminal where each chassis is inspected.

31  

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    Florida Senate - 2004                                  SB 2452
    30-1474-04                                              See HB




 1         (b)  Made available upon request by any authorized

 2  employee of the Department of Transportation or law

 3  enforcement officer of the Florida Highway Patrol.

 4         (c)  Made available during normal business hours to any

 5  motor carrier or driver or the authorized representative

 6  thereof who has been engaged to transport an intermodal

 7  container on a chassis inspected pursuant to this act from the

 8  ocean marine terminal.

 9         (2)  Records of maintenance or repairs performed

10  pursuant to the inspections required under this act shall be:

11         (a)  Maintained for 2 years at the ocean marine

12  terminal.

13         (b)  Made available upon request of the Department of

14  Transportation.

15         (3)  Requests for reinspection made pursuant to section

16  3 shall be recorded in the intermodal chassis maintenance file

17  and shall be maintained and made available pursuant to

18  paragraph (1)(c).

19         (4)  All records required under this act may be

20  maintained in a computer system if printouts of those records

21  may be provided upon request.

22         Section 5.  Compliance with intermodal chassis

23  roadability inspection program.--

24         (1)  The Department of Transportation shall conduct

25  random, but at least biannual, onsite reviews of ocean marine

26  terminals to determine whether the terminals are complying

27  with the requirements of this act, including, but not limited

28  to, inspection, tagging, quarantine and repair, and

29  recordkeeping requirements. Following an inspection in which

30  it is determined that an ocean marine terminal operator has

31  

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    Florida Senate - 2004                                  SB 2452
    30-1474-04                                              See HB




 1  failed to comply with any of the requirements of this act, the

 2  department shall:

 3         (a)  Direct the ocean marine terminal to comply

 4  immediately with the requirements of this act.

 5         (b)  Fine the ocean marine terminal $100 for every day,

 6  after the day of inspection, that the terminal fails to comply

 7  with the requirements of this act.

 8         (c)  After 10 days of noncompliance, immediately pursue

 9  administrative or other action deemed necessary against the

10  terminal's motor carrier property permit and forward a

11  recommendation to the Federal Motor Carrier Safety

12  Administration for administrative or other action deemed

13  necessary against the carrier's interstate operating

14  authority.

15         (d)  After 20 days of noncompliance, revoke the ocean

16  marine terminal's property permit.

17         (2)  If any inspection results in an unsatisfactory

18  rating due to conditions presenting an imminent danger to the

19  public safety, the Department of Transportation shall take

20  actions pursuant to paragraph (1)(c) or paragraph (1)(d).

21         (3)  Any officer of the Florida Highway Patrol or other

22  law enforcement officer, while in the performance of the

23  duties of office, is authorized to enter upon and perform

24  inspections of green-tagged chassis at any ocean marine

25  terminal which chassis are intended to be tendered to or

26  interchanged with a motor carrier for use on a highway. In the

27  event the officer determines that any green-tagged chassis is

28  unroadworthy, the ocean marine terminal operator shall be

29  fined $500 per occurrence.

30         (4)  Any citation issued for a violation of this act

31  related to the defective condition of an intermodal chassis

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    Florida Senate - 2004                                  SB 2452
    30-1474-04                                              See HB




 1  shall be issued to the ocean marine terminal operator

 2  responsible for the inspection and maintenance of the chassis,

 3  provided that the chassis is not owned by the driver and that

 4  the defective condition of the chassis was not caused by the

 5  failure of the motor carrier or its driver to operate the

 6  commercial vehicle in a safe manner.

 7         Section 6.  Defect of contract; applicability of the

 8  act.--Any provision in a contract between an owner or lessee

 9  of an intermodal chassis and a driver that contains a

10  hold-harmless or indemnity clause concerning defects in the

11  physical condition of the intermodal chassis shall be void as

12  against public policy. This section shall not apply to damage

13  to the intermodal chassis caused by the neglect or willful

14  failure of the motor carrier or its driver to operate the

15  commercial vehicle in a safe manner.

16         Section 7.  Rulemaking.--The Department of

17  Transportation has authority to adopt rules pursuant to

18  sections 120.536(1) and 120.54, Florida Statutes, to

19  effectuate the purposes of this act.

20         Section 8.  Commercial driver; duty.--Nothing in this

21  act relieves a commercial driver or commercial motor carrier

22  of any duty imposed by state or federal law related to the

23  safe operation of a commercial motor vehicle.

24         Section 9.  This act shall take effect upon becoming a

25  law.

26  

27  

28  

29  

30  

31  

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