Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1742
                        Barcode 672104
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: FAV             .                    
       03/15/2006 08:01 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Transportation (Sebesta) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 6, between lines 7 and 8,
16  
17  insert:  
18         Section 5.  Paragraph (b) of subsection (1), paragraphs
19  (b), (c), (d), (f), and (i) of subsection (2), and subsection
20  (3) of section 316.302, Florida Statutes, are amended to read:
21         316.302  Commercial motor vehicles; safety regulations;
22  transporters and shippers of hazardous materials;
23  enforcement.--
24         (1)(a)  All owners and drivers of commercial motor
25  vehicles that are operated on the public highways of this
26  state while engaged in interstate commerce are subject to the
27  rules and regulations contained in 49 C.F.R. parts 382, 385,
28  and 390-397.
29         (b)  Except as otherwise provided in this section, all
30  owners or drivers of commercial motor vehicles that are
31  engaged in intrastate commerce are subject to the rules and
                                  1
    11:07 AM   03/13/06                             s1742.tr16.222

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1742 Barcode 672104 1 regulations contained in 49 C.F.R. parts 382, 385, and 2 390-397, with the exception of 49 C.F.R. s. 390.5 as it 3 relates to the definition of bus, as such rules and 4 regulations existed on October 1, 2005 2004. 5 (2) 6 (b) Except as provided in 49 C.F.R. s. 395.1 (k), a 7 person who operates a commercial motor vehicle solely in 8 intrastate commerce not transporting any hazardous material in 9 amounts that require placarding pursuant to 49 C.F.R. part 172 10 may not drive: 11 1. More than 12 hours following 10 consecutive hours 12 off duty; or 13 2. For any period after the end of the 16th hour after 14 coming on duty following 10 consecutive hours off duty is 15 exempt from 49 C.F.R. s. 395.3(a) and (b) and may, after 8 16 hours' rest, and following the required initial motor vehicle 17 inspection, be permitted to drive any part of the first 15 18 on-duty hours in any 24-hour period, but may not be permitted 19 to operate a commercial motor vehicle after that until the 20 requirement of another 8 hours' rest has been fulfilled. 21 22 The provisions of this paragraph do not apply to drivers of 23 utility service vehicles as defined in 49 C.F.R. s. 395.2 24 public utility vehicles or authorized emergency vehicles 25 during periods of severe weather or other emergencies. 26 (c) Except as provided in 49 C.F.R. s. 395.1(k), a 27 person who operates a commercial motor vehicle solely in 28 intrastate commerce not transporting any hazardous material in 29 amounts that require placarding pursuant to 49 C.F.R. part 172 30 may not drive after having been on duty more than 70 hours in 31 any period of 7 consecutive days or more than 80 hours in any 2 11:07 AM 03/13/06 s1742.tr16.222
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1742 Barcode 672104 1 period of 8 consecutive days if the motor carrier operates 2 every day of the week. Twenty-four be on duty more than 72 3 hours in any period of 7 consecutive days, but carriers 4 operating every day in a week may permit drivers to remain on 5 duty for a total of not more than 84 hours in any period of 8 6 consecutive days; however, 24 consecutive hours off duty shall 7 constitute the end of any such period of 7 or 8 consecutive 8 days. This weekly limit does not apply to a person who 9 operates a commercial motor vehicle solely within this state 10 while transporting, during harvest periods, any unprocessed 11 agricultural products or unprocessed food or fiber that is are 12 subject to seasonal harvesting from place of harvest to the 13 first place of processing or storage or from place of harvest 14 directly to market or while transporting livestock, livestock 15 feed, or farm supplies directly related to growing or 16 harvesting agricultural products. Upon request of the 17 Department of Transportation, motor carriers shall furnish 18 time records or other written verification to that department 19 so that the Department of Transportation can determine 20 compliance with this subsection. These time records must be 21 furnished to the Department of Transportation within 10 days 22 after receipt of that department's request. Falsification of 23 such information is subject to a civil penalty not to exceed 24 $100. The provisions of this paragraph do not apply to drivers 25 of public utility service vehicles as defined in 49 C.F.R. s. 26 395.2 or authorized emergency vehicles during periods of 27 severe weather or other emergencies. 28 (d) A person who operates a commercial motor vehicle 29 solely in intrastate commerce not transporting any hazardous 30 material in amounts that require placarding pursuant to 49 31 C.F.R. part 172 within a 150 200 air-mile radius of the 3 11:07 AM 03/13/06 s1742.tr16.222
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1742 Barcode 672104 1 location where the vehicle is based need not comply with 49 2 C.F.R. s. 395.8, except that time records shall be maintained 3 as prescribed in 49 C.F.R. s. 395.1(e)(5). 4 (f) A person who operates a commercial motor vehicle 5 having a declared gross vehicle weight of less than 26,001 6 26,000 pounds solely in intrastate commerce and who is not 7 transporting hazardous materials in amounts that require 8 placarding pursuant to 49 C.F.R. part 172, or who is 9 transporting petroleum products as defined in s. 376.301, is 10 exempt from subsection (1). However, such person must comply 11 with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss. 12 396.3(a)(1) and 396.9. 13 (i) A person who was a regularly employed driver of a 14 commercial motor vehicle on July 4, 1987, and whose driving 15 record shows no traffic convictions, pursuant to s. 322.61, 16 during the 2-year period immediately preceding the application 17 for the commercial driver's license, and who is otherwise 18 qualified as a driver under 49 C.F.R. part 391, and who 19 operates a commercial vehicle in intrastate commerce only, 20 shall be exempt from the requirements of 49 C.F.R. part 391, 21 subpart E, s. 391.41(b)(10). However, such operators are still 22 subject to the requirements of ss. 322.12 and 322.121. As 23 proof of eligibility, such driver shall have in his or her 24 possession a physical examination form dated within the past 25 24 months. 26 (3) A person who has not attained under the age of 18 27 years of age may not operate a commercial motor vehicle, 28 except that a person who has not attained under the age of 18 29 years of age may operate a commercial motor vehicle which has 30 a gross vehicle weight of less than 26,001 26,000 pounds while 31 transporting agricultural products, including horticultural or 4 11:07 AM 03/13/06 s1742.tr16.222
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1742 Barcode 672104 1 forestry products, from farm or harvest place to storage or 2 market. 3 Section 6. Subsection (10) of section 316.515, Florida 4 Statutes, is amended to read: 5 (10) AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.--An 6 automobile towaway or driveaway operation transporting new or 7 used trucks may use what is known to the trade as "saddle 8 mounts," if the overall length does not exceed 97 75 feet and 9 no more than three saddle mounts are towed. Such combinations 10 may include one full mount. Saddle mount combinations must 11 also comply with the applicable safety regulations in 49 12 C.F.R. s. 393.71. 13 14 (Redesignate subsequent sections.) 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 1, line 20, after the first semicolon 20 21 insert: 22 amending s. 316.302, F.S.; updating reference 23 to federal commercial motor vehicle 24 regulations; revising hours-of-service 25 requirements for certain intrastate motor 26 carriers; revising conditions for an exemption 27 from commercial driver license requirements; 28 revising weight requirements for application of 29 certain exceptions to specified federal 30 regulations and to operation of certain 31 commercial motor vehicles by persons of a 5 11:07 AM 03/13/06 s1742.tr16.222
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1742 Barcode 672104 1 certain age; amending s. 316.515, F.S.; 2 revising length and mount requirements for 3 automobile towaway and driveaway operations; 4 authorizing saddle mount combinations to 5 include one full mount; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 11:07 AM 03/13/06 s1742.tr16.222