HF 2881

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/14/2014 03:56 p.m.

1.1A bill for an act 1.2relating to transportation; railroads; amending regulation of motor carriers of 1.3railroad employees; amending Minnesota Statutes 2012, sections 169.781, 1.4subdivision 2; 221.0255. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. Minnesota Statutes 2012, section 169.781, subdivision 2, is amended to read: 1.7    Subd. 2. Inspection required. (a) It is unlawful for a person to operate or permit 1.8the operation new text begin , in violation of the requirements of paragraph (b), new text end of: 1.9    (1) a commercial motor vehicle registered in Minnesota or a spotter truck; or 1.10    (2) special mobile equipment as defined in section 168.002, subdivision 31, and 1.11which is self-propelled, if it is mounted on a commercial motor vehicle chassis, in 1.12violation of the requirements of paragraph (b). new text begin ; or new text end 1.13 new text begin (3) a vehicle used to transport passengers by a motor carrier of railroad employees new text end 1.14 new text begin under section 221.0255. new text end 1.15    (b) A vehicle described in paragraph (a): 1.16    (1) must display a valid safety inspection decal issued by an inspector certified 1.17by the commissioner; or 1.18    (2) must carry (i) proof that the vehicle complies with federal motor vehicle 1.19inspection requirements for vehicles in interstate commerce, and (ii) a certificate of 1.20compliance with federal requirements issued by the commissioner under subdivision 9. 1.21    Sec. 2. Minnesota Statutes 2012, section 221.0255, is amended to read: 1.22221.0255 MOTOR CARRIER OF RAILROAD EMPLOYEES. 2.1     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have new text end 2.2 new text begin the meanings given: new text end 2.3 new text begin (1) "conviction" has the meaning given in section new text end new text begin ; and new text end 2.4 new text begin (2) "on-duty time" means all time from the time a driver begins to work, or is new text end 2.5 new text begin required to be in readiness to work, until the time the driver is relieved from work, new text end 2.6 new text begin including: (i) driving time; (ii) time at a terminal, facility, or other property of a contract new text end 2.7 new text begin carrier; (iii) time on any public or private property waiting to be dispatched; (iv) time new text end 2.8 new text begin spent in working hours by a driver while under employment or agreement with another new text end 2.9 new text begin employer who is not a motor carrier of railroad employees; and (v) time spent inspecting, new text end 2.10 new text begin servicing, conditioning, or attending a vehicle. new text end 2.11     new text begin Subd. 2. new text end new text begin Application. new text end (a) A motor carrier of railroad employees must meet the 2.12requirements specified in this section, is subject to section 221.291, and is otherwise 2.13exempt from the provisions of this chapter. 2.14(b) new text begin The requirements of this section for a motor carrier of railroad employees or a new text end 2.15 new text begin vehicle operator for a motor carrier of railroad employees apply in the same manner to any new text end 2.16 new text begin entity that enters into an agreement with the carrier to transport railroad employees. new text end 2.17     new text begin Subd. 3. new text end new text begin Vehicle operator requirements. new text end new text begin (a) new text end A vehicle operator for a motor carrier 2.18of railroad employees who transports passengers must: 2.19(1) have a valid driver's license under chapter 171; and 2.20(2) submit to a physical examination. new text begin examinations that meet the requirements for new text end 2.21 new text begin commercial motor vehicle operators under Code of Federal Regulations, title 49, sections new text end 2.22 new text begin 391.41 to 391.45, or successor requirements; and new text end 2.23 new text begin (3) perform pretrip and posttrip vehicle inspections. new text end 2.24 new text begin (b) A vehicle operator may not communicate over or otherwise operate a handheld new text end 2.25 new text begin cellular phone when the vehicle is in motion or a part of traffic. new text end 2.26     new text begin Subd. 4. new text end new text begin Motor carrier of railroad employees; requirements. new text end (c) new text begin (a) new text end The new text begin motor new text end 2.27 carrier new text begin of railroad employees new text end must implement a policy that provides for annual training 2.28and certification of the operator in: 2.29    (1) safe operation of the vehicle transporting railroad employees; 2.30    (2) knowing and understanding relevant laws, rules of the road, and safety policies; 2.31    (3) handling emergency situations; 2.32(4) proper use of seat belts; 2.33    (5) performance of pretrip and posttrip vehicle inspections, and inspection record 2.34keeping; and 2.35(6) proper maintenance of required records. 2.36(d) new text begin (b) new text end The new text begin motor new text end carrier new text begin of railroad employees new text end must: 3.1(1) perform new text begin confirm that the person is not disqualified under subdivision 6, by new text end 3.2 new text begin performing new text end a new text begin criminal new text end background check or background investigation of the operator; new text begin , new text end 3.3 new text begin which must include: new text end 3.4 new text begin (i) a criminal history check of the state criminal records repository; and new text end 3.5 new text begin (ii) if the operator has resided in Minnesota less than five years, a criminal history new text end 3.6 new text begin check from each state of residence for the previous five years; new text end 3.7(2) annually verify the operator's driver's license; 3.8(3) document meeting the requirements in this subdivision, and maintain the file 3.9 new text begin which must include maintaining new text end at the carrier's business location; new text begin : new text end 3.10 new text begin (i) a driver qualification file on each operator who transports passengers under new text end 3.11 new text begin this section; and new text end 3.12 new text begin (ii) records of pretrip and posttrip vehicle inspections as required under subdivision new text end 3.13 new text begin 3, paragraph (a), clause (3); new text end 3.14(4) maintain liability insurance in a minimum amount of $5,000,000 regardless 3.15of the seating capacity of the vehicle; and 3.16(5) maintain uninsured and underinsured coverage in a minimum amount of 3.17$1,000,000. new text begin ; and new text end 3.18 new text begin (6) ensure inspection of each vehicle operated under this section as provided under new text end 3.19 new text begin section 169.781. new text end 3.20 new text begin (c) A driver qualification file under paragraph (b), clause (3), must include: new text end 3.21 new text begin (1) a copy of the operator's most recent medical examiner's certificate; new text end 3.22 new text begin (2) a copy of the operator's current driver's license; new text end 3.23 new text begin (3) documentation of annual license verification; new text end 3.24 new text begin (4) documentation of annual training; new text end 3.25 new text begin (5) documentation of any known violations of motor vehicle or traffic laws; and new text end 3.26 new text begin (6) responses from previous employers, if required by the current employer. new text end 3.27 new text begin (d) The driver qualification file must be retained for one year following the date of new text end 3.28 new text begin separation of employment of the driver from the carrier. A record of inspection under new text end 3.29 new text begin paragraph (b), clause (3), item (ii), must be retained for one year following the date of new text end 3.30 new text begin inspection. new text end 3.31     new text begin (e) new text end If a party contracts with the motor carrier on behalf of the railroad to transport 3.32the railroad employees, then the insurance requirements may be satisfied by either that 3.33party or the motor carrier, so long as the motor carrier is a named insured or additional 3.34insured under any policy. 3.35     new text begin Subd. 5. new text end new text begin Vehicle; equipment. new text end new text begin (a) No vehicle operator may transport passengers in a new text end 3.36 new text begin motor vehicle that does not meet the requirements of this subdivision. new text end 4.1 new text begin (b) A motor vehicle used to transport passengers under this section must be designed new text end 4.2 new text begin to transport ten or fewer persons, including the driver. new text end 4.3 new text begin (c) A motor carrier of railroad employees shall maintain the following on a motor new text end 4.4 new text begin vehicle used to transport passengers: new text end 4.5 new text begin (1) tires that meet the same requirements as for a motor vehicle under Code of new text end 4.6 new text begin Federal Regulations, title 49, section 393.75, or successor requirements; new text end 4.7 new text begin (2) a full-size spare tire that is fully inflated; new text end 4.8 new text begin (3) properly functioning seat belts for the driver and every passenger being new text end 4.9 new text begin transported; new text end 4.10 new text begin (4) a properly functioning heater, defroster, and air conditioner; new text end 4.11 new text begin (5) a windshield, side windows, and a rear window that are clear of any obstructions, new text end 4.12 new text begin including but not limited to electronic devices and otherwise conform with the new text end 4.13 new text begin requirements of section 169.71; new text end 4.14 new text begin (6) a working cellular telephone or two-way radio capable of contacting personnel of new text end 4.15 new text begin the railroad that employs the passengers being transported; new text end 4.16 new text begin (7) a global positioning system device capable of identifying the vehicle's current new text end 4.17 new text begin location; new text end 4.18 new text begin (8) an emergency road kit, which must at a minimum contain a blanket, flares or new text end 4.19 new text begin reflective triangles, jumper cables, and a secured fire extinguisher; new text end 4.20 new text begin (9) a safety glass hammer or belt cutter; new text end 4.21 new text begin (10) a location for personal baggage storage, so that all baggage can be secured in a new text end 4.22 new text begin manner that prevents entry into or flight within the vehicle cabin; and new text end 4.23 new text begin (11) vehicle identification marking that: new text end 4.24 new text begin (i) identifies the legal or a single trade name of the motor carrier and bears an new text end 4.25 new text begin inscription as determined by the commissioner identifying the vehicle as used by a motor new text end 4.26 new text begin carrier of railroad employees; new text end 4.27 new text begin (ii) is located on both sides of the vehicle; new text end 4.28 new text begin (iii) is in letters that contrast sharply in color with the background on which the new text end 4.29 new text begin letters are placed; and new text end 4.30 new text begin (iv) is readily legible during daylight hours from a distance of 50 feet when the new text end 4.31 new text begin vehicle is stationary. new text end 4.32     new text begin Subd. 6. new text end new text begin Driver disqualification; reporting. new text end (e) new text begin (a) new text end A person who sustains a 4.33conviction of violating section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's 4.34license is revoked under sections 169A.50 to 169A.53 of the implied consent law, or who 4.35is convicted of or has their driver's license revoked under a similar statute or ordinance 5.1of another state, may not operate a vehicle under this subdivision for five years from the 5.2date of conviction. 5.3     new text begin (b) new text end A person who sustains a conviction of a moving offense new text begin violation new text end in violation of 5.4chapter 169 within three years of the first of three other moving offenses new text begin violations new text end may not 5.5operate a vehicle under this subdivision for one year from the date of the last conviction. 5.6     new text begin (c) new text end A person who has ever been convicted of a disqualifying offense as defined in 5.7section 171.3215, subdivision 1, paragraph (c), may not operate a vehicle under this 5.8subdivision. 5.9(f) new text begin (d) new text end An operator who sustains a conviction as described in paragraph (e) new text begin (a) new text end 5.10 while employed by the carrier shall report the conviction to the carrier within ten days of 5.11the date of the conviction. 5.12     new text begin Subd. 7. new text end new text begin Testing. new text end (g) A carrier must implement a mandatory alcohol and controlled 5.13substance testing program as provided under sections 181.950 to 181.957 that consists of 5.14preemployment testing, postaccident testing, random testing, reasonable suspicion testing, 5.15return-to-duty testing, and follow-up testing. 5.16     new text begin Subd. 8. new text end new text begin Hours of service. new text end (h) new text begin (a) new text end A motor carrier of railroad employees shall not 5.17allow or require a driver to drive or remain on duty for more than: ten hours after eight 5.18consecutive hours off duty; 15 hours of combined on-duty time and drive time since last 5.19obtaining eight consecutive hours of off-duty time; or 70 hours of on-duty and drive time 5.20in any period of eight consecutive days. After 24 hours off duty, a driver begins a new 5.21seven consecutive day period and on-duty time is reset to zero. 5.22(i) new text begin (b) new text end An operator who encounters an emergency and cannot, because of that 5.23emergency, safely complete a transportation assignment within the ten-hour maximum 5.24driving time permitted under paragraph (h) new text begin (a) new text end , may drive for not more than two additional 5.25hours in order to complete that transportation assignment or to reach a place offering 5.26safety for the occupants of the vehicle and security for the transport motor vehicle, if the 5.27transportation assignment reasonably could have been completed within the ten-hour 5.28period absent the emergency. 5.29(j) new text begin (c) new text end A carrier shall maintain and retain for a period of six months accurate time 5.30records that show the time the driver reports for duty each day; new text begin , new text end the total number of hours 5.31of on-duty time for each driver for each day; new text begin , new text end the time the driver is released from duty 5.32each day; new text begin , new text end and the total number of hours driven each day. 5.33(k) For purposes of this subdivision, the following terms have the meanings given: 5.34(1) "conviction" has the meaning given in section ; and 6.1(2) "on-duty time" means all time at a terminal, facility, or other property of a 6.2contract carrier or on any public property waiting to be dispatched. On-duty time includes 6.3time spent inspecting, servicing, or conditioning the vehicle. 6.4     new text begin Subd. 9. new text end new text begin Inspection authority. new text end new text begin Representatives of the Department of Transportation new text end 6.5 new text begin and the State Patrol have the authority to enter, at a reasonable time and place, any vehicle new text end 6.6 new text begin or facility of the carrier for purposes of random inspections, safety reviews, audits, or new text end 6.7 new text begin accident investigations. new text end 6.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014. new text end