Florida Senate - 2019                                    SB 1638
       
       
        
       By Senator Lee
       
       
       
       
       
       20-00818B-19                                          20191638__
    1                        A bill to be entitled                      
    2         An act relating to commercial motor vehicles; amending
    3         s. 316.302, F.S.; revising regulations applicable to
    4         owners and drivers of commercial motor vehicles;
    5         exempting persons who operate a commercial motor
    6         vehicle solely in intrastate commerce which does not
    7         transport hazardous materials in amounts that require
    8         placarding from certain requirements related to
    9         electronic logging devices and hours of service
   10         supporting documents until a specified date; deleting
   11         a limitation on a civil penalty for falsification of
   12         certain time records; deleting a requirement that a
   13         motor carrier maintain certain documentation of
   14         driving times; extending an exemption from specified
   15         commercial motor vehicle requirements for a commercial
   16         vehicle having a certain gross vehicle weight rating
   17         or gross combined weight rating, under certain
   18         circumstances; deleting such exemption for a person
   19         transporting petroleum products; deleting an exemption
   20         from specified regulations relating to diabetes for
   21         certain drivers of commercial motor vehicles;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (1) and paragraphs (a), (c), (d),
   27  (f), and (j) of subsection (2) of section 316.302, Florida
   28  Statutes, are amended to read:
   29         316.302 Commercial motor vehicles; safety regulations;
   30  transporters and shippers of hazardous materials; enforcement.—
   31         (1)(a) All owners and drivers of commercial motor vehicles
   32  that are operated on the public highways of this state while
   33  engaged in interstate commerce are subject to the rules and
   34  regulations contained in 49 C.F.R. parts 382, 383, 385, 386, and
   35  390-397.
   36         (b) Except as otherwise provided in this section, all
   37  owners or drivers of commercial motor vehicles that are engaged
   38  in intrastate commerce are subject to the rules and regulations
   39  contained in 49 C.F.R. parts 382, 383, 385, 386, and 390-397,
   40  with the exception of 49 C.F.R. s. 390.5 as it relates to the
   41  definition of bus, as such rules and regulations existed on
   42  December 31, 2018 2012.
   43         (c) The emergency exceptions provided by 49 C.F.R. s.
   44  392.82 also apply to communications by utility drivers and
   45  utility contractor drivers during a Level 1 activation of the
   46  State Emergency Operations Center, as provided in the Florida
   47  Comprehensive Emergency Management plan, or during a state of
   48  emergency declared by executive order or proclamation of the
   49  Governor.
   50         (d) Except as provided in s. 316.215(5), and except as
   51  provided in s. 316.228 for rear overhang lighting and flagging
   52  requirements for intrastate operations, the requirements of this
   53  section supersede all other safety requirements of this chapter
   54  for commercial motor vehicles.
   55         (e)A person who operates a commercial motor vehicle solely
   56  in intrastate commerce which does not transport hazardous
   57  materials in amounts that require placarding pursuant to 49
   58  C.F.R. part 172 need not comply with the requirements of
   59  electronic logging devices and hours of service supporting
   60  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
   61  until December 31, 2019.
   62         (2)(a) A person who operates a commercial motor vehicle
   63  solely in intrastate commerce not transporting any hazardous
   64  material in amounts that require placarding pursuant to 49
   65  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
   66  and 395.3 49 C.F.R. ss. 391.11(b)(1) and 395.3(a) and (b).
   67         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
   68  operates a commercial motor vehicle solely in intrastate
   69  commerce not transporting any hazardous material in amounts that
   70  require placarding pursuant to 49 C.F.R. part 172 may not drive
   71  after having been on duty more than 70 hours in any period of 7
   72  consecutive days or more than 80 hours in any period of 8
   73  consecutive days if the motor carrier operates every day of the
   74  week. Thirty-four consecutive hours off duty shall constitute
   75  the end of any such period of 7 or 8 consecutive days. This
   76  weekly limit does not apply to a person who operates a
   77  commercial motor vehicle solely within this state while
   78  transporting, during harvest periods, any unprocessed
   79  agricultural products or unprocessed food or fiber that is
   80  subject to seasonal harvesting from place of harvest to the
   81  first place of processing or storage or from place of harvest
   82  directly to market or while transporting livestock, livestock
   83  feed, or farm supplies directly related to growing or harvesting
   84  agricultural products. Upon request of the Department of Highway
   85  Safety and Motor Vehicles, motor carriers shall furnish time
   86  records or other written verification to that department so that
   87  the Department of Highway Safety and Motor Vehicles can
   88  determine compliance with this subsection. These time records
   89  must be furnished to the Department of Highway Safety and Motor
   90  Vehicles within 2 days after receipt of that department’s
   91  request. Falsification of such information is subject to a civil
   92  penalty not to exceed $100. The provisions of This paragraph
   93  does do not apply to operators of farm labor vehicles operated
   94  during a state of emergency declared by the Governor or operated
   95  pursuant to s. 570.07(21) or, and do not apply to drivers of
   96  utility service vehicles as defined in 49 C.F.R. s. 395.2.
   97         (d) A person who operates a commercial motor vehicle solely
   98  in intrastate commerce not transporting any hazardous material
   99  in amounts that require placarding pursuant to 49 C.F.R. part
  100  172 within a 150 air-mile radius of the location where the
  101  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  102  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
  103  and (v) 49 C.F.R. s. 395.1(e)(1)(iii) and (v) are met. If a
  104  driver is not released from duty within 12 hours after the
  105  driver arrives for duty, the motor carrier must maintain
  106  documentation of the driver’s driving times throughout the duty
  107  period.
  108         (f) A person who operates a commercial motor vehicle having
  109  a declared gross vehicle weight, gross vehicle weight rating, or
  110  gross combined weight rating of less than 26,001 pounds solely
  111  in intrastate commerce and who is not transporting hazardous
  112  materials in amounts that require placarding pursuant to 49
  113  C.F.R. part 172, or who is transporting petroleum products as
  114  defined in s. 376.301, is exempt from subsection (1). However,
  115  such person must comply with 49 C.F.R. parts 382, 392, and 393,
  116  and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  117         (j) A person who is otherwise qualified as a driver under
  118  49 C.F.R. part 391, who operates a commercial motor vehicle in
  119  intrastate commerce only, and who does not transport hazardous
  120  materials in amounts that require placarding pursuant to 49
  121  C.F.R. part 172, is exempt from the requirements of 49 C.F.R.
  122  part 391, subpart E, ss. 391.41(b)(3) and 391.43(e), relating to
  123  diabetes.
  124         Section 2. This act shall take effect October 1, 2019.