SECOND REGULAR SESSION
HOUSE BILL NO. 1706
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES McGHEE (Sponsor), COLONA, SPRENG, ATKINS, FALLERT, McDONALD, FUNDERBURK, MEADOWS, SCHAD, WIELAND AND McCAHERTY (Co-sponsors).
5630L.01I D. ADAM CRUMBLISS, Chief Clerk
To repeal section 389.945, RSMo, and to enact in lieu thereof one new section relating to the transportation of railroad employees, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 389.945, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 389.945, to read as follows:
389.945. 1. The [motor carrier and railroad safety division of the department of economic development of Missouri] state highways and transportation commission shall make and enforce reasonable safety rules and regulations relating to motor vehicles designed for highway use and either owned, used, leased, or contracted by common carriers by [rail] railroads to transport employees, tools, and supplies, to and from their places of employment or during the course of their employment. These rules and regulations shall be administered by the commission's division of multimodal operations and shall establish minimum standards:
(1) For the [construction and] mechanical equipment and safe operation of a motor vehicle;
(2) For the loading and carrying of tools, supplies, and employees; the transportation of gasoline, or other inflammable materials and explosives;
(3) For the safety of all employees and drivers in a motor vehicle, [where gang size will not permit all employees to ride in driver's cab,] including but not limited to adequate seating facilities, heating facilities, and communication between cab and rear compartment and means of retaining tools and supplies within the motor vehicle;
(4) The rules and regulations shall apply [only to vehicles acquired after the effective date of the rules and regulations. In case of an emergency, vehicles not complying with the rules and regulations may be used] to all vehicles if used, leased, or contracted by the railroad; but if the vehicle is actually owned by the railroad, only to vehicles acquired after 1985.
2. [Before formulating such rules and regulations, the division of motor carrier and railroad safety shall conduct hearings and invite participation of interested groups. These groups may make suggestions relating to the minimum standards to be embodied in the rules and regulations. The division shall consider the suggestions prior to the issuance of any rules and regulations.
3.] The multimodal division may amend the rules and regulations at any time [upon its own motion or upon complaint by an individual or group,] in the same manner as it adopts other rules and regulations.
3. (1) A contract carrier that transports railroad employees in a vehicle designed to carry less than fifteen passengers for compensation shall not allow or require a driver under employ to operate a vehicle owned or operated by or for said company to:
(a) Spend more than ten hours driving after receiving eight consecutive hours off duty;
(b) Remain on duty after compiling fifteen hours of combined on-duty time, as defined in subdivision (5) of this subsection, since last obtaining eight consecutive hours of off-duty time; or
(c) Drive or remain on duty after sixty hours of total on-duty time in any revolving period of seven consecutive days.
(2) After twenty-four consecutive hours off duty, a driver shall begin a new eight consecutive day period and on-duty time will be reset to zero.
(3) The provisions of this subsection shall not apply when an emergency exists, as defined in subdivision (7) of this subsection, and is documented in the records required.
(4) A contract carrier shall maintain and retain accurate time records showing:
(a) The date and time each driver reported for and was released from duty;
(b) The total number of hours of driving time for the driver of each tour of duty;
(c) The total number of hours of on-duty time for each driver for each tour of duty.
A contract carrier shall require each of its drivers to complete a written motor vehicle report upon completion of each day of work on the motor vehicle the driver operated as prescribed under 49 C.F.R. Part 396.11, as amended. The records required under this subdivision shall be retained for a period of three years after the calendar year in which they were written.
(5) "On-duty time", means all time spent driving, waiting at a terminal or facility, or inspecting, servicing, or otherwise preparing the vehicle for operation.
(6) A contract carrier shall maintain a driver qualification file of the employee which shall include:
(a) A copy of the driver's current license showing the driver's class E driver's license or the equivalent thereof;
(b) A certificate of physical examination conducted by a physician every two years that certifies the physical ability of the driver to operate a motor vehicle;
(c) Documentation establishing that the driver's driving record has been reviewed at least one time per year.
(7) For purposes of this subsection, an "emergency" exists when rail traffic has been stopped or disrupted, or where there is a threat of a stop or disruption, because of derailment, accident, storm, fire, flood, or other similar condition. A contract carrier shall document the nature of the emergency if one occurs in the same records that are required under subdivision (4) of this subsection.
4. The division may, in enforcing the rules and regulations, inspect any motor vehicle to which these rules apply. Upon request, the superintendent of the Missouri state highway patrol shall assist the division in these inspections.
5. Violation by the owner of a motor vehicle of any rule or regulation or any amendment thereto promulgated pursuant to this section or any order issued by the division under this section, or willful failure to comply with such an order, is a misdemeanor, and upon conviction thereof, the owner shall be sentenced to undergo imprisonment for not more than one year, or to pay a fine not exceeding five hundred dollars or both.