| 1 | A bill to be entitled |
| 2 | An act relating to contract carriers; amending s. 316.302, |
| 3 | F.S.; applying specified rules and regulations to contract |
| 4 | carriers employed by railroad companies; requiring |
| 5 | contract carrier drivers to hold a commercial driver's |
| 6 | license; requiring contract carriers to perform alcohol |
| 7 | and drug testing on drivers; limiting duties of contract |
| 8 | carrier operators; requiring contract carriers to record |
| 9 | certain information and keep certain logs for a certain |
| 10 | time; requiring commercial for-hire carrier companies to |
| 11 | maintain certain insurance coverage; requiring the |
| 12 | Department of Transportation to adopt rules regulating |
| 13 | such contract carriers; requiring the department to inform |
| 14 | contract carriers and railroad companies of applicable |
| 15 | requirements and statutes; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Subsections (8) through (11) of section |
| 20 | 316.302, Florida Statutes, are renumbered as subsections (9) |
| 21 | through (12), respectively, current subsection (8) is amended, |
| 22 | and a new subsection (8) is added to that section, to read: |
| 23 | 316.302 Commercial motor vehicles; safety regulations; |
| 24 | transporters and shippers of hazardous materials; enforcement.-- |
| 25 | (8) This section also applies to all contract carriers |
| 26 | operating in this state and regularly employed by any railroad |
| 27 | company. In addition: |
| 28 | (a) Each contract carrier driver must hold a commercial |
| 29 | driver's license. |
| 30 | (b) Such contract carriers shall perform alcohol and drug |
| 31 | testing on drivers before employment, on suspicion of drug or |
| 32 | alcohol use, and randomly at least once every 365 days. |
| 33 | (c) Contract carrier operators must not perform duties in |
| 34 | excess of 14 hours per shift, with a total driving time of 12 |
| 35 | hours, and shall have a minimum of 10 hours rest between shifts. |
| 36 | (d) Contract carriers shall keep logs, signed by both the |
| 37 | employee and the employer on a weekly basis, of hours of service |
| 38 | recording time on duty, driving time, and total time worked per |
| 39 | shift. The logs shall be kept by the contract carrier for a |
| 40 | minimum of 3 years. |
| 41 | (e) Commercial for-hire carrier companies must maintain a |
| 42 | minimum liability insurance coverage of $1,500,000 per vehicle |
| 43 | and equivalent uninsured and underinsured motorist coverage. |
| 44 | (9)(8) For the purpose of enforcing this section, any law |
| 45 | enforcement officer of the Department of Transportation or duly |
| 46 | appointed agent who holds a current safety inspector |
| 47 | certification from the Commercial Vehicle Safety Alliance may |
| 48 | require the driver of any commercial vehicle operated on the |
| 49 | highways of this state to stop and submit to an inspection of |
| 50 | the vehicle or the driver's records. If the vehicle or driver is |
| 51 | found to be operating in an unsafe condition, or if any required |
| 52 | part or equipment is not present or is not in proper repair or |
| 53 | adjustment, and the continued operation would present an unduly |
| 54 | hazardous operating condition, the officer may require the |
| 55 | vehicle or the driver to be removed from service pursuant to the |
| 56 | North American Uniform Out-of-Service Criteria, until corrected. |
| 57 | However, if continuous operation would not present an unduly |
| 58 | hazardous operating condition, the officer may give written |
| 59 | notice requiring correction of the condition within 14 days. |
| 60 | (a) Any member of the Florida Highway Patrol or any law |
| 61 | enforcement officer employed by a sheriff's office or municipal |
| 62 | police department authorized to enforce the traffic laws of this |
| 63 | state pursuant to s. 316.640 who has reason to believe that a |
| 64 | vehicle or driver is operating in an unsafe condition may, as |
| 65 | provided in subsection (11) (10), enforce the provisions of this |
| 66 | section. |
| 67 | (b) Any person who fails to comply with an officer's |
| 68 | request to submit to an inspection under this subsection commits |
| 69 | a violation of s. 843.02 if the person resists the officer |
| 70 | without violence or a violation of s. 843.01 if the person |
| 71 | resists the officer with violence. |
| 72 | Section 2. (1) The Department of Transportation shall |
| 73 | adopt rules regulating contract carriers employed by railroad |
| 74 | companies operating in this state. |
| 75 | (2) Rules adopted under this section must, at a minimum: |
| 76 | (a) Require each contract carrier driver to hold a |
| 77 | commercial driver's license. |
| 78 | (b) Require employers of the drivers to perform alcohol |
| 79 | and drug testing on drivers before employment, on suspicion of |
| 80 | drug or alcohol use, and randomly at least once every 365 days. |
| 81 | (c) Incorporate all statutory requirements for carriers, |
| 82 | including, at a minimum, the requirements of section 316.302, |
| 83 | Florida Statutes, and rules adopted under that section. |
| 84 | (d) Provide that contract carrier operators must not |
| 85 | perform duties in excess of 14 hours per shift, with a total |
| 86 | driving time of 12 hours, and must have a minimum of 10 hours of |
| 87 | rest between shifts. |
| 88 | (e) Require contract carriers to keep logs, signed by both |
| 89 | the employee and the employer on a weekly basis, of hours of |
| 90 | service recording time on duty, driving time, and total time |
| 91 | worked per shift, and require the logs be kept by the contract |
| 92 | carrier for a minimum of 3 years. |
| 93 | (f) Require commercial for-hire carrier companies to |
| 94 | maintain a minimum liability insurance coverage of $1,500,000 |
| 95 | per vehicle and equivalent uninsured and underinsured motorist |
| 96 | coverage. |
| 97 | (3) The Department of Transportation shall inform contract |
| 98 | carriers and railroad companies in this state of the applicable |
| 99 | requirements and statutes. |
| 100 | Section 3. This act shall take effect July 1, 2008. |