Railroads; stating certain intent; placing certain restrictions on driver duty times; making certain exception; effective date.

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STATE OF OKLAHOMA

1st Session of the 60th Legislature (2025)

HOUSE BILL 1711 By: Bennett

AS INTRODUCED

An Act relating to railroads; stating certain intent;
placing certain restrictions on driver duty times;
making certain exception; requiring maintenance and
retention of certain records; stating requirements
for certain file; providing for disqualification of
certain drivers; defining term; requiring certain
alcohol and drug testing for qualification and
disqualification for driving; requiring certain
testing immediately after accidents; requiring
results be sent to the Oklahoma Corporation
Commission; requiring certain vehicle inspections by
qualified individual; requiring certain driver
reports; requiring establishment of certain program;
detailing program contents; stating vehicle
requirements; requiring certain lights; prohibiting
operation of certain vehicles; requiring maintenance
of certain records for program; detailing contents of
records; requiring maintenance of records at
principal place of business for certain time;
requiring employees comply and be knowledgeable of
program; requiring certain access; requiring certain
insurance coverage; establishing fine for violations;
requiring each violation be separate and distinct
offense; stating provisions are not intended to limit
certain contracts; stating provisions shall be
considered minimum standards; providing for
codification; and providing an effective date.

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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 104 of Title 66, unless there is
created a duplication in numbering, reads as follows:
A. This section applies to a contract carrier that transports
an operating employee of a railroad on a road or highway of this
state in a vehicle designed to carry fifteen (15) or fewer
passengers.
B. A contract carrier shall not allow or require a driver to
drive or remain on duty for more than:
1. Ten (10) hours after eight (8) consecutive hours
uninterrupted rest off-duty. For the purposes of this subsection,
"uninterrupted rest" shall mean that the contract carrier shall not
communicate with the driver by telephone, pager, or in any other
manner that could reasonably be expected to disrupt the driver's
rest;
2. Fifteen (15) hours of combined on-duty time and drive time
since last obtaining eight (8) consecutive hours of off-duty time;
or
3. Seventy (70) hours of on-duty and drive time in any period
of seven (7) consecutive days.
C. After twenty-four (24) hours off-duty, a driver begins a new
seven (7) consecutive day period and on-duty time is reset to zero
hours.

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D. A contract carrier 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.
E. A contract carrier shall maintain and retain for a period of
six (6) months accurate time records that show:
1. The time the driver reports for duty each day;
2. The total number of hours of on-duty time for each driver
for each day;
3. The time the driver is released from duty each day; and
4. The total number of hours driven each day.
F. A contract carrier shall maintain a driver qualification
file for each driver it employs. The driver qualification file may
be combined with the personnel file of the employee. The driver
qualification file shall include:
1. A certificate of physical examination conducted by a
physician every two (2) years that certifies the physical ability of
the driver to operate a motor vehicle;

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2. Documentation that establishes that the driver's driving
record has been reviewed at least one time per year;
3. Documentation related to the driver's violation of
applicable motor vehicle laws or ordinances;
4. Other documentation related to the driver's qualification or
ability to drive a motor vehicle;
5. The driver's application for employment as provided by 49
C.F.R. 391.21, as amended;
6. Responses from previous employers, if required by the
current employer; and
7. A copy of the driver's current driver license showing the
driver's qualification or the equivalent thereof.
F. A driver shall be disqualified from driving for a contract
carrier if the driver has committed two or more serious traffic
violations within a three-year period. As used in this section, the
term "serious traffic violations" shall mean any violation where the
driver license or privilege to operate a motor vehicle has been
suspended or revoked by the Commissioner of Railroads or other
administrative agency, including if such suspension or revocation
occurred in another state, or any violation in which a driver has
been found guilty of:
1. Any intoxication related traffic offense;
2. Any seat belt violation;
3. Any commercial motor vehicle violation;

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4. Driving fifteen (15) or more miles per hour over the speed
limit;
5. Negligent homicide;
6. Using a vehicle to commit a felony;
7. Failure to maintain proof of financial responsibility as
required by law;
8. Leaving the scene of an accident;
9. Evading arrest;
10. Fleeing by use of a motor vehicle;
11. Careless and imprudent driving;
12. Prohibited passing of another vehicle;
13. Passing a stopped school bus;
14. Failure to obey a traffic signal or device;
15. Failure to obey a railroad crossing barrier;
16. Driving with a suspended, revoked, or cancelled license; or
17. Driving the wrong way down a one-way street.
G. 1. Before a driver performs any duties for a contract
carrier, the driver shall undergo testing for alcohol and controlled
substances as provided by 49 C.F.R. Part 40 and Part 382, as
amended.
2. A driver shall be qualified to drive for a contract carrier
if:
a. the alcohol test result indicates an alcohol
concentration of zero, and

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b. the controlled substances test result from the medical
review officer as defined in 49 C.F.R. Part 40.3, as
amended, indicates a verified negative test result.
3. A driver shall be disqualified from driving for a contract
carrier if:
a. the alcohol test result and the controlled substances
test result are not in compliance with paragraph 1 of
this subsection,
b. the driver refuses to provide a specimen for an
alcohol test result or the controlled substances test
result or both, or
c. the driver submits an adulterated specimen, a dilute
positive specimen, or a substituted specimen on an
alcohol test result or the controlled substances test
result that is performed.
4. 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:
a. the accident involved the loss of human life, or
b. the driver received a citation for a moving traffic
violation arising from the accident and the accident
involved:

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(1) bodily injury to a person who immediately
received medical treatment after the accident, or
(2) disabling damage occurs to one or more motor
vehicles involved in a motor vehicle accident.
5. Alcohol testing and controlled substances testing shall be
completed immediately following the accident. If alcohol testing
cannot be conducted immediately following the accident, it shall be
conducted within eight (8) hours of the accident. If controlled
substances testing cannot be conducted immediately following the
accident, it shall be administered within thirty-two (32) hours of
the accident. The results of such testing shall be submitted to the
Oklahoma Corporation Commission.
6. The contract carrier of a driver shall maintain records of
the alcohol testing and controlled substances testing of each driver
for five (5) years. The records shall be maintained in a secure
location.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 105 of Title 66, unless there is
created a duplication in numbering, reads as follows:
A. 1. A contract carrier shall inspect or cause to be
inspected a motor vehicle that it operates for passenger
transportation.
2. If a contract carrier uses a motor vehicle for passenger
transportation, the contract carrier shall perform an inspection on

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the motor vehicle and its components at least one 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. 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, Part 396.19, as amended.
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. Part 396.11, as amended.
B. 1. A contract carrier shall establish a maintenance and
repair program to include at least weekly inspections under this
section.
2. The contract carrier's maintenance and repair program shall
include checking parts and accessories for safety and proper
operation at all times, including the items pursuant to subparagraph
c of paragraph 6 of this subsection, 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.S 393.75, as amended,
b. a spare tire that is fully inflated,
c. a secured location for personal baggage, including
proper restraints,

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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,
g. an emergency road kit that contains at least a tire
inflating aerosol can, flares or reflective triangles,
jumper cables, and a fire extinguisher, and
h. a readily available first aid kit complying with the
standards set forth in 29 Code of Federal Regulations,
Section 1910.151, as amended. The first aid kit shall
contain, at a minimum, those articles described in the
most recent American National Standards Institute
(ANSI) Z308.1 as recommended by Appendix A to 29 CFR
1910.151, as amended.
4. All vehicles in a contract carrier's fleet shall be equipped
with an operable amber light or strobe light which shall be mounted
to the roof of the vehicle in the rear one-third portion in order to
provide warning to other motorists whenever said vehicle has slowed
or stopped on or near the roadway.
5. A vehicle shall not be operated in a condition that is
likely to cause an accident or mechanical breakdown.

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6. A contract carrier shall maintain records for its
maintenance and repair program for each motor vehicle. The records
shall include:
a. identifying information for the motor vehicle to
include the vehicle identification number, make, year
manufactured, and company identification number if one
is provided,
b. owner information if the contract carrier is not the
owner of the vehicle, and
c. the history of inspections, repairs, and maintenance
that describe the activity and the date the activity
was performed.
7. The records required to be maintained under this section
shall be maintained by the contract carrier at its principal place
of business for one (1) year. If the motor vehicle leaves the
contract carrier's control, the records shall be maintained by the
contract carrier at its principal place of business for six (6)
months.
8. 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.

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9. A contract carrier shall allow an employee of the Oklahoma
Corporation Commission, or its designee, access to its facility to
determine compliance with this section and its records or
information related to an accident investigation.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 106 of Title 66, unless there is
created a duplication in numbering, reads as follows:
A. A contract carrier shall obtain and maintain an insurance
policy of One Million Dollars ($1,000,000.00) per person for bodily
injury or death up to a maximum of Five Million Dollars
($5,000,000.00) for each motor vehicle that transports railroad
employees.
B. The contract carrier shall obtain and maintain uninsured and
underinsured insurance coverage for each passenger in each motor
vehicle in a minimum amount of One Million Dollars ($1,000,000.00).
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 107 of Title 66, unless there is
created a duplication in numbering, reads as follows:
A. Any person, corporation, or entity that violates the
provisions of this act shall be subject to a civil penalty in an
amount of not more than Two Thousand Dollars ($2,000.00) for each
offense or violation.
B. Each violation of the provisions of this act shall
constitute a separate and distinct offense, and in the case of a

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continuing violation, each day's continuance thereof shall be deemed
to be a separate and distinct offense.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 108 of Title 66, unless there is
created a duplication in numbering, reads as follows:
A. The provisions of this act are not intended to limit, and
shall not be construed as limiting, the right of a railroad to
contract with a contract carrier or entity that certifies to the
railroad that it is in compliance with the provisions of this act or
any applicable federal requirements.
B. The provisions established in this act shall be considered
minimum standards and shall not be construed to supersede or
abrogate any law, rule, or regulation that imposes stricter
standards or regulations upon the operation of contract carriers
that transport railroad employees.
SECTION 6. This act shall become effective November 1, 2025.

60-1-11193 JBH 12/16/24