MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Highways and Transportation
By: Senator(s) Burton
AN ACT TO PROVIDE FOR THE REGULATION OF CONTRACT CARRIERS TRANSPORTING RAILROAD EMPLOYEES; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO PROVIDE FOR CERTAIN SAFETY REGULATIONS FOR SUCH CONTRACT CARRIERS, INCLUDING DRIVER QUALIFICATIONS, ALCOHOL AND CONTROLLED SUBSTANCE TESTING, VEHICLE INSPECTIONS AND RECORDS; TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS OF THIS ACT OR ANY RULE PROMULGATED THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) When used in this act, the following words and phrases shall have the following meanings, unless the context clearly indicates a different meaning:
(a) "Contract carrier" means a transportation company operating in intrastate commerce by motor vehicle or bus under contract to transport railroad employees for compensation.
(b) "Drive time" means the length of time a driver spends behind the wheel of a motor vehicle performing intrastate commerce as employed by a contract carrier to transport railroad employees.
(c) "On-duty time" means the length of time a driver spends at work as an employee of a contract carrier. On-duty time shall include:
(i) All time at a plant, terminal, facility, or other property of a contract carrier or shipper, or on any other property waiting to be dispatched, unless the driver has been relieved from duty by the contract carrier.
(ii) All time inspecting, servicing or conditioning any contract carrier motor vehicle used for transport assignments.
(iii) All drive time as defined in the term "drive time."
(iv) All time, other than driving, in or upon any contract carrier motor vehicle used for transport assignments.
(v) All time supervising, attending or assisting the loading or unloading of a contract carrier transport vehicle, all time spent giving or receiving receipts for shipments loaded or unloaded, or remaining in readiness to operate the contract carrier transport vehicle.
(vi) All time repairing, obtaining assistance or remaining in attendance upon a disabled contract carrier transport vehicle.
(vii) All time spent providing a breath sample or urine specimen, including travel time to and from the testing site, in order to comply with any federal, state or employer regulation or rule.
(viii) All time performing any other work in the capacity, employment or service of a contract carrier.
(d) "Seven (7) consecutive days" means the period of seven (7) consecutive days beginning on any day and time designated by the contract carrier for the terminal from which the driver is normally dispatched.
(e) "Transport vehicle driver" means a driver employed by a contract carrier to fulfill transport assignments in accordance with the intrastate transportation of railroad employees.
(f) "Twenty-four-hour period" means any twenty-four-consecutive-hour period beginning at the time designated by the contract carrier for the terminal from which the driver is normally dispatched. The times designated for the beginning of a twenty-four-hour period and seven (7) consecutive days shall be the same.
(g) "Uninterrupted rest," commonly referred to as "off-duty," means a period of time in which a contract carrier shall not communicate with a driver by telephone, pager or any manner that could disrupt the driver's rest.
(2) The provisions of this act shall apply only to transport vehicle drivers employed by contract carriers designed to transport railroad employees on any public highway or road in this state.
(3) (a) A contract carrier shall not require or allow a transport vehicle driver to be on-duty for more than:
(i) Twelve (12) hours following eight (8) consecutive hours of uninterrupted rest.
(ii) Fifteen (15) hours of combined on-duty and drive time after the driver completes eight (8) consecutive hours of off-duty time.
(iii) Seventy (70) hours of combined on-duty and drive time in any period of seven (7) consecutive days.
(b) After an off-duty period of at least twenty-four (24) hours, a driver shall begin a new consecutive day work period and the driver's off-duty time shall reset to zero.
(c) A transport vehicle driver who cannot safely complete a transportation assignment within the twelve-hour maximum driving time permitted due to an emergency shall be permitted to drive a motor vehicle for not more than two (2) additional hours to complete the transport assignment or to reach a destination offering safety and security for the transport motor vehicle and its passengers.
(4) A contract carrier shall maintain time records for a period of six (6) months indicating the time all transport vehicle drivers report for duty, the time of relief from duty, hours driven, hours on duty, and hours off duty. The records shall be made available to the Mississippi Transportation Commission and the Motor Carrier Division of the Mississippi Highway Safety Patrol within the Mississippi Department of Public Safety for inspection and shall be subject to the provisions of Section 77-7-16. The Mississippi Transportation Commission shall adopt rules and regulations, in accordance with the Administrative Procedures Act, as are necessary to implement the provisions of this act.
(5) A contract carrier shall maintain a transport vehicle driver qualification and personnel file for each driver it employs. The driver qualification file shall include:
(a) The driver's employment application as required by 49 CFR 391.21.
(b) Requests for information from the driver's previous employer as required by 49 CFR 391.23(a)(2) and (c).
(c) Documentation related to the annual inquiry and review of the driver's motor vehicle operation record as provided by the Mississippi Transportation Commission and the Motor Carrier Division of the Mississippi Highway Safety Patrol within the Mississippi Department of Public Safety. Such documentation shall confirm the driver's qualifications and ability to operate a motor vehicle in this state and shall include a record of all motor vehicle laws or ordinance violations committed by the driver.
(d) Medical examination reports and certificates to be completed every two (2) years which confirm the physical ability of the driver to operate a motor vehicle.
(e) A copy of the driver's current Class E driver's license.
(6) The provisions of this act shall not limit the right of a railroad company to contract with an employee of a contract carrier, transportation company, or entity that certifies to the railroad company that it is in compliance with the provisions of this act or any applicable federal requirements.
SECTION 2. (1) A driver shall be disqualified from employment as a transport vehicle driver if the driver has committed two (2) or more traffic violations within a three-year period, resulting in the suspension or revocation of the driver's license or privilege to operate a motor vehicle by the Department of Public Safety, or other administrative agency for conviction of any of the following:
(a) Any intoxication-related offense.
(b) Any commercial motor vehicle violation.
(c) Driving fifteen (15) or more miles per hour over the posted speed limit of the roadway.
(d) Negligent homicide with a vehicle or vehicular homicide.
(e) Using a motor vehicle to commit a felony.
(f) Failure to maintain proof of financial responsibility as required by law.
(g) Fleeing the scene of an accident on foot or by use of a motor vehicle.
(h) Evading arrest.
(i) Careless and imprudent driving.
(j) Prohibited passing of another motor vehicle.
(k) Passing a stopped school bus.
(l) Failure to obey a posted traffic signal or device.
(m) Failure to obey a railroad crossing barrier.
(n) Driving with a suspended, revoked or cancelled driver's license.
(o) Driving the wrong way down a one-way street.
(2) All transport vehicle drivers performing transport assignment duties for contract carriers shall undergo testing for alcohol and controlled substances as provided by 49 CFR Parts 40 and 382. A driver shall be qualified to operate a transport motor vehicle for a contract carrier if the following conditions are met:
(a) The alcohol test results indicate a blood alcohol concentration of zero.
(b) The controlled substance test results from a medical review officer as defined by 49 CFR 40.3 indicate a verified negative test result.
(3) A transport vehicle driver shall be disqualified from operating a motor vehicle for a contract carrier if:
(a) The driver refuses to provide a specimen for an alcohol or controlled substance test.
(b) The driver submits an adulterated, dilute positive or substituted specimen on an alcohol or controlled substance test.
(4) In the event a motor vehicle accident occurs during a transport assignment involving a motor vehicle owned or operated by a transport vehicle driver, the contract carrier shall test each surviving transport vehicle driver for alcohol or controlled substances, if:
(a) The accident involved the loss of human life.
(b) The transport vehicle driver received a moving traffic violation citation as a result of the motor vehicle accident and the accident involved:
(i) Bodily injury to a person who received immediate medical attention.
(ii) Disabling damage to one or more motor vehicles involved in the accident.
(5) Alcohol and controlled substance testing shall be completed immediately following a motor vehicle accident. In the event alcohol testing cannot be completed immediately, testing shall be performed within eight (8) hours following the motor vehicle accident. In the event controlled substance testing cannot be completed immediately following the motor vehicle accident, testing shall be performed within thirty-two (32) hours following the motor vehicle accident. The results of such testing shall be submitted to the Mississippi Transportation Commission and the Motor Carrier Division of the Mississippi Highway Safety Patrol within the Mississippi Department of Public Safety.
(6) The contract carrier shall maintain all records of alcohol and controlled substance testing for each driver it employs for a period of five (5) years from the date the test is administered. The records shall be maintained in a secure location on the premises of the contract carrier.
SECTION 3. (1) Contract carriers shall inspect all motor vehicles and components utilized for the transportation of railroad employees at least once in each twelve-month period in compliance with 49 CFR 396.17 and Appendix G. Such inspection shall be performed by an individual qualified to perform such inspections in accordance with 49 CFR 396.19.
(2) A contract carrier shall require each transport vehicle driver it employs to complete a written motor vehicle report upon completion of operation of the motor vehicle in accordance with 49 CFR 396.11.
(3) A contract carrier shall establish a maintenance and repair program to include weekly inspections of the motor vehicles operated in the transportation of railroad employees. The program shall include checking parts and accessories for safety and proper operation at all times, including overall cleanliness of the motor vehicle. A contract carrier and its officers, drivers, agents and employees concerned with the inspection and maintenance of motor vehicles shall comply with and be knowledgeable of the contract carrier's maintenance and repair program. A contract carrier shall maintain records for its maintenance and repair program for each motor vehicle for a time period of one (1) year. In the event a motor vehicle changes ownership, records shall be maintained by the contract carrier for a period of six (6) months. The records shall include:
(a) Identifying information of the motor vehicle to include vehicle identification number, make, model, year of manufacture, and company identification number if so provided.
(b) Owner information if the motor vehicle is not owned by the contract carrier.
(c) Inspection history to include documentation of all repairs and maintenance activity.
(4) All motor vehicles operated by contract carriers shall have the following:
(a) Tires with sufficient tread in accordance with 49 CFR 393.75.
(b) A fully inflated spare tire.
(c) A secure location for personal baggage, including proper restraints.
(d) Fully operational seatbelts for all passenger seats.
(e) Traction devices, studs or chains in the event of inclement weather.
(f) An operational heater and air-conditioner with fans.
(g) An emergency road kit containing a tire inflation aerosol, flares or reflective triangles, battery cables, a fire extinguisher, and a readily available first aid kit complying with the standards set forth in 29 CFR 1910.151, Appendix A, and the American National Standards Institute Z308.1 minimum requirements.
(5) All motor vehicles operated by contract carriers shall be equipped with an operable amber light or strobe light which shall be mounted to the roof of the motor vehicle in the rear one-third (1/3) portion in order to provide warning to motorists that the vehicle has slowed or stopped on a roadway.
(6) All motor vehicles operated by contract carriers shall not be operated in a condition that is likely to cause a motor vehicle accident or mechanical breakdown.
(7) A contract carrier shall allow an employee of the Mississippi Transportation Commission and the Motor Carrier Division of the Mississippi Highway Safety Patrol within the Mississippi Department of Public Safety, or their designee, access to:
(a) A facility to determine compliance with this act.
(b) Records or information related to a motor vehicle accident investigation.
SECTION 4. (1) The provisions of Sections 1, 2 and 3 of this act shall be considered minimum standards and shall not be construed to supersede or abrogate any law, rule or regulation which imposes stricter standards or regulations upon the operation of contract carriers which transport railroad employees.
(2) Any person, corporation or entity that violates the provisions of Section 1, 2 or 3 of this act, or any rule promulgated thereto, shall be subject to a civil penalty in an amount not more than Two Thousand Dollars ($2,000.00) for each offense or violation. Each violation shall constitute a separate and distinct offense. In the event of continuing violations, each such violation shall constitute a distinct and separate offense.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.