MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Transportation
By: Representative Johnson
AN ACT TO CREATE THE SAFE TRANSPORTATION OF RAILROAD EMPLOYEES BY CONTRACT CARRIERS ACT; TO REGULATE THE TRANSPORTATION OF RAILROAD EMPLOYEES BY CONTRACT CARRIERS BY ESTABLISHING STANDARDS FOR DRIVERS EMPLOYED BY THE CONTRACT CARRIERS AND THE MOTOR VEHICLES USED BY THE CONTRACT CARRIERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known as and may be cited as the "Safe Transportation of Railroad Employees by Contract Carriers Act."
SECTION 2. As used in this act, the following terms shall have the following meanings:
(a) "Contract carrier" means a passenger contract carrier that for compensation transports railroad employees with a vehicle designed or used to transport eight (8) persons or less, including the driver.
(b) (i) "On-duty time" means all time at a terminal, facility, or other property of a contract carrier or on any public property waiting to be dispatched.
(ii) "On-duty time" includes time spent inspecting, servicing, or conditioning the vehicle, unless the driver has been relieved from duty by the contract carrier.
SECTION 3. (1) (a) A contract carrier shall maintain a driver qualification file for each driver it employs.
(b) The driver qualification file may be combined with the personnel file of the employee.
(2) The driver qualification file shall include:
(a) A certificate of physical examination conducted by a physician every two (2) years that certifies the physical ability of the driver to operate a commercial motor vehicle;
(b) Documentation that establishes that the driver's driving record has been reviewed at least one (1) time per year;
(c) Documentation related to the driver's violation of motor vehicle laws or ordinances, if applicable;
(d) Other documentation related to the driver's qualification or ability to drive a motor vehicle;
(e) The driver's application for employment as provided under 49 C.F.R. 391.21;
(f) Responses from previous employers, if required by the current employer; and
(g) A certificate of the driver's road test or a copy of the current driver's license.
SECTION 4. (1) A driver is disqualified from driving for a contract carrier under this act if the driver has committed two (2) or more serious traffic violations under Section 63-1-203 within a three-year period.
(2) (a) A contract carrier shall not allow or require a driver to drive or remain on duty for more than:
(i) Ten (10) hours after eight (8) consecutive hours off duty;
(ii) Fifteen (15) hours of combined on-duty time and drive time since last obtaining eight (8) consecutive hours of off-duty time; or
(iii) Seventy (70) hours of on-duty and drive time in any period of eight (8) consecutive days.
(b) After twenty-four (24) hours off duty, a driver begins a new seven-consecutive-day period and on-duty time is reset to zero (0).
(c) A transport vehicle driver who encounters an emergency and cannot, because of that emergency, safely complete a transportation assignment within the ten-hour maximum driving time permitted under this section may drive and be permitted or required to drive a transport motor vehicle for not more than two (2) additional hours in order to complete that transportation assignment or to reach a place offering safety for the occupants of the transport motor vehicle and security for the transport motor vehicle if the transportation assignment reasonably could have been completed within the ten-hour period absent the emergency.
(3) A contract carrier shall maintain and retain for a period of six (6) months accurate time records that show:
(a) The time the driver reports for duty each day;
(b) The total number of hours of on-duty time for each driver for each day;
(c) The time the driver is released from duty each day; and
(d) The total number of hours driven each day.
SECTION 5. (1) (a) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. 40 and 49 C.F.R. 382, as in effect on January 1, 2009.
(b) A driver is qualified to drive for a contract carrier if:
(i) The alcohol test result under paragraph (a) of this subsection indicates an alcohol concentration of zero (0); and
(ii) The controlled substances test result from the medical review officer as defined under 49 C.F.R. 40.3, as in effect on January 1, 2009, indicates a verified negative test result.
(c) A driver is disqualified from driving for a contract carrier if:
(i) The alcohol test result and the controlled substances test result are not in compliance with paragraph (b) of this subsection;
(ii) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or
(iii) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed.
(2) (a) As soon as practicable after an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances if:
(i) The accident involved the loss of human life; or
(ii) The driver received a citation for a moving traffic violation arising from the accident and the accident involved:
1. Bodily injury to a person who immediately received medical treatment after the accident; or
2. Disabling damage that required the motor vehicle to be towed from the accident scene as a result of the accident.
(b) If alcohol testing and controlled substances testing cannot be completed as soon as possible but no later than thirty-two (32) hours after the accident, the records shall be submitted to the Mississippi Highway Safety Patrol.
(3) (a) A common carrier or the employer of a driver of a common carrier shall maintain records of the alcohol testing and controlled substances testing of drivers for five (5) years.
(b) The records shall be maintained in a secure location.
SECTION 6. (1) A contract carrier shall inspect or cause to be inspected a motor vehicle that it operates for passenger transportation.
(2) (a) If a contract carrier uses a commercial motor vehicle for passenger transportation, the contract carrier shall perform an inspection on the commercial motor vehicle and its components at least one (1) time in every twelve-month period in compliance with the rules promulgated by the United States Department of Transportation as provided under 49 C.F.R. 396.17, Appendix G.
(b) The inspection under this section shall be performed by an individual who is qualified to perform the inspection as prescribed in 49 C.F.R. 396.19, as in effect on January 1, 2009.
(3) A contract carrier shall require each of its drivers to complete a written motor vehicle report upon completion of each day's work on the motor vehicle that the driver operated as prescribed under 49 C.F.R. 396.11, as in effect on January 1, 2009.
SECTION 7. (1) A contract carrier shall establish a maintenance and repair program to include at least weekly inspections under this section.
(2) A contract carrier's maintenance and repair program shall include checking parts and accessories for safety and proper operation at all times, including the items under subsection (3) of this section, and overall cleanliness of the motor vehicle.
(3) A motor vehicle used by a contract carrier shall have:
(a) Tires with sufficient tread as prescribed under 49 C.F.R. 393.75, as in effect on January 1, 2009;
(b) A spare tire that is fully inflated;
(c) A secured location for personal baggage, including proper restraints;
(d) Fully-operational seatbelts for all passenger seats;
(e) If the weather requires it, traction devices, studs, or chains;
(f) A heater and air conditioner that is properly working with properly working fans; and
(g) An emergency road kit that contains at least a tire inflating aerosol can, flares or reflective triangles, jumper cables, and a fire extinguisher.
(4) A motor vehicle shall not be operated in a condition that is likely to cause an accident or mechanical breakdown.
(5) (a) A contract carrier shall maintain records for its maintenance and repair program for each motor vehicle.
(b) The records shall include:
(i) Identifying information for the motor vehicle to include the vehicle identification number, make, year manufactured, and company identification number if one is provided;
(ii) Owner information if the contract carrier is not the owner of the vehicle; and
(iii) The history of inspections, repairs, and maintenance that describe the activity and the date the activity was performed.
(c) (i) Except as provided under paragraph (c)(ii) of this subsection, the records under this section shall be maintained by the contract carrier at its place of business for one (1) year.
(ii) If the motor vehicle leaves the contract carrier's control, the records under this subsection shall be maintained by the contract carrier at its place of business for six (6) months.
(6) A contract carrier and its officers, drivers, agents, and employees who are concerned with the inspection or maintenance of motor vehicles shall comply with and be knowledgeable of the contract carrier's maintenance and repair program under this section.
SECTION 8. A contract carrier shall allow an employee of the Mississippi Highway Safety Patrol or its designee access to:
(a) A facility to determine compliance with this act; and
(b) Records or information related to an accident investigation under this act.
SECTION 9. A contract carrier or a third party that contracts on behalf of a railroad shall obtain and maintain an insurance policy of at least Five Million Dollars ($5,000,000.00) for each motor vehicle that transports railroad employees.
SECTION 10. (1) (a) A person who knowingly violates a provision of this act is liable to the state for a civil penalty not to exceed One Thousand Dollars ($1,000.00) for each violation.
(b) Each day that a violation continues is a separate offense.
(2) The Mississippi Highway Safety Patrol shall assess penalties for violations under this act by written notice to the violator.
(3) To determine the amount of the penalty, the department, or its designee, shall evaluate:
(a) The nature, circumstances, extent, and gravity of the violation;
(b) The degree of culpability, history of prior offenses, ability to pay, and effect on the ability to continue to do business of the person found to have committed a violation; and
(c) Other circumstances as justice may require.
SECTION 11. (1) This act is not intended to limit and shall not be construed as limiting the right of a railroad to contract with a contract carrier that certifies to the railroad that it is in compliance with the provisions of this act or any applicable federal requirements.
(2) The railroad is entitled to rely on a contract carrier's certification that it is operating in compliance with this act without further inquiry.
SECTION 12. This act shall take effect and be in force from and after July 1, 2013.