Safe transportation of railroad employees.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0170

HOUSE BILL
NO.
HB0081

Safe transportation of railroad employees.

Sponsored by:
Representative(s) Esquibel, K., Blake, Cannady, Goggles, Kimble, Moniz and Peasley and Senator(s) Anderson, J., Hastert and Johnson

A BILL

for

AN ACT relating to
transportation
; establishing requirements for a
railroad contract
carrier transporting railroad employees as specified; establishing driver and vehicle requirements; providing definitions; providing a penalty
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 31
‑
18
‑
10
0
1 through 31
‑
18
‑
10
11 are created to read:

ARTICLE 1
0
SAFE TRANSPORTATION OF RAILROAD EMPLOYEES BY CONTRACT CARRIERS

31
‑
18
‑
10
01
.

Short t
itle
; applicability
.

(a)

This
article
shall be known and may be cited as the
"
Safe

Transportation of Railroad Employees by Contract Carriers Act
"
.

(b)

The provisions of this article are in addition to the
general
requirements for carriers under this act
and the requirements for licensure under chapter 7 of this title
.

3
1
‑
18
‑
10
02
.

Definitions.

(a)

A
s used in this
article
:

(i)

"
On-duty time
"
means a
ll time at a terminal, facility
or

other property of a
railroad
contract carrier or on any public property waiting to be
dispatched and
includes time spent inspecting,

servicing or conditioning the vehicle, unless the driver has been relieved fr
om duty by the railroad contract carrier;

(i
i
)

"
Railroad c
ontract carrier
"
means a carrier that

for compensation transports railroad
company
employees with a vehicle designed or

used to transport eight (8) persons or less, including the
driver.

3
1
‑
18
‑
1
0
03
.

Driver qualification file.

(a)

A
railroad
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.

(b)

The driver qualification file shall include:

(i)

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;

(ii)

Documentation that establishes that the driver
'
s driving

record has been reviewed at least one (1) time per year;

(iii)

Documentation related to the driver
'
s violation of motor

vehicle laws or ordinances, if applicable;

(iv)

Other documentation related to the driver’s qualification or

ability to drive a motor vehicle;

(v)

The driver
's application for employment;

(vi)

Responses from previous employers, if required by the

current employer; and

(vii)

A certificate of the driver
'
s road test or a copy of the
driver's
current driver
'
s license.

31
‑
18
‑
10
04
.

Driver disqualification and limitations.

(a)

A driver is disqualified from driving for a
railroad
contract carrier under

this
article
if the driver has co
mmitted two (2) or more
traffic

violations within a three (3)
year period.

(b)

A
railroad
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 dr
ive time in
any

period of eight (8) consecutive days.

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 (0).

(c)

A driver
for a railroad contract carrier
who encounters an emergency and

cannot, because of that emergency, safely complete a transportation

assignment within the ten (10)
hour maximum driving time permitted under
subsection (b) of
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 (10)
hour period absent the emergency.

(d)

A
railroad
contract carrier shall maintain and retain for a period of six (6) months accurate time records that show:

(i)

The time
each
driver reports for duty each day;

(ii)

The total number of hours of on-duty time for each driver

for each day;

(iii)

The time the driver is released from duty each day; and

(iv)

The total number of hours driven each day.

31
‑
18
‑
10
05
.

Driver testing.

(a)

Before
the first time a
driver performs any duties for a
railroad
contract carrier
under this article
, the

driver shall undergo testing for alcohol and controlled substances.

(b)

A driver is qualified to drive for a
railroad
contract carrier if:

(i)

The alcohol test
result under sub
section
(a)
of

this section indicates an alcohol concentration of zero (0); and

(ii)

The controlled substances test result indicates a verified negative test result.

(c)

A driver is disqualified from driving for a
railroad
contract carrier
under this article
if:

(i)

The alcohol test result and the controlled substances test result are not in compliance with
subsection (b)
of this section;

(ii)

The driver ref
uses to provide a specimen for
or an

alcohol test result or the controlled substances test result or both; or

(iii)

The driver submits an adulterated speci
men, a dilute positive specimen
or a substituted sp
ecimen for the alcohol test
or the c
ontrolled substances test
.

(
d)

As soon as practicable after an accident involving a motor

vehicle owned or operated by a
railroad
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 dr
iver received a citation for a
traffic violation arising from the accident and the accident involved:

(A)

Bodily injury to a person who immediately received medical treatment after the accident; or

(B)

Disabling damage that required
one (1) or more of
the motor vehicle
s

involved in the accident
to b
e towed from the accident scene.

(e)

A
railroad contract
carrie
r or the employer of a driver for a railroad contract
carrier shall maintain records of the alcohol testing and controlled substances testing of drivers for five (5) years.

The records shall be maintained in a secure location.

31
‑
18
‑
10
06
.

Vehicle inspection.

(a)

A
railroad
contract carrier shall inspect or cause to be inspected a motor

vehicle that it operates for passenger transportation.

(b)

If a
railroad
contract carrier uses a commercial motor vehicle for passenger transportation, the
railroad
contract carrier shall perform an inspection on the commercial motor vehicle and its components at least one (1) time
each year
in compliance with the rules promulgated by the United States Department of Transportation as provided
in
49 C.F.R. 396.17, Appendix G.

(c)

An 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.

(d)

A
railroad
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.

31
‑
18
‑
10
07.

Maintenance and repair program.

(a)

A
railroad
contract carrier shall establish a maintenance and repair program to include at least weekly inspections under this section.

(b)

A
railroad
contract carrier’s maintenance and repair program shall include checking parts and accessories for safety and proper operation at all times, including the items
specified
under subsection (c) of this section, and overall cleanliness of the motor vehicle.

(c)

A motor vehicle used by a
railroad
contract carrier shall have:

(i)

Tires with sufficient tread as prescribed under 49 C.F.R. Part 393.75;

(ii)

A spare tire that is fully inflated;

(iii)

A secured location for personal baggage, including proper restraints;

(iv)

Fully-operational seatbelts for all passenger seats;

(v) If required because of weather
, traction devices, studs
or chains;

(vi)

A heater and air conditioner that
are
properly working with properly working fans; and

(vii)

An emergency road kit that contains at least a tire inflating aerosol can, flares or refl
ective triangles, jumper cables
and a fire extinguisher.

(d)

A motor vehicle shall not be operated in a condition that is likely to cause an accident or mechanical breakdown.

(e)

A
railroad
contract carrier shall maintain records for its maintenance and repair program for each motor vehicle.

The records shall include:

(i)

Identifying info
rmation for the motor vehicle
including
the vehicle identification
number, make, year manufactured
and company identification number if one is provided;

(ii)

Owner information if the
railroad
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.

(f)

Except as
otherwise provided
, the records
required
under subsection
(e) of this section
shall be maintained by the
railroad
contract carrier at its place of business for one (1) year.

If the motor vehicle leaves the
railroad
contract carrier’s control, the records
required
under
subsection
(e) of this section
shall be maintained by the
railroad
contract carrier at its place of business for six (6) months.

(g)

A
railroad
contract carrier an
d 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.

31
‑
18
‑
10
08.

Access to facilities and records.

(a)

A
railroad
contract carrier shall allow
the department
or its designee access to:

(i)

A facility
of the
railroad
contract carrier
to determine compliance with this
article
; and

(ii)

Records
required under this article and any
information related to an accident investigation under this
article
.

31
‑
18
‑
1009.

Liability protection.

A
railroad
contract carrier shall obtain and maintain an insurance policy of five million dollars (
$5
,000,000
.00
) for each motor vehicle that transports railroad employees.

31
‑
18
‑
1010.

Penalties.

(a)

A person who knowingly violate
s a provision of this article
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.

(c)

Th
e d
epartment shall assess penalties for violations under this subchapter by written notice to the violator.

(d)

To determine the amount of th
e penalty, the department or its designee shall evalua
te:

(i)

The nature, ci
rcumstances, extent
and severity
of the violation;

(ii)

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

(iii)

Other circumstances as justice may require.

3
1
‑
18
‑
1
0
11.

Right of railroad to contract.

(a)

This article
is not intended to limit, and shall not be construed as limiting, the right of a railroad
company
to contract with a
railroad
contract carrier that certifies to the railroad
company
that it is in compliance with the provisions of this
article
or any applicable federal requirements.

(b)

A
railroad
company
is entitled to rely on a
railroad
contract carrier's certification that it is operating in compliance with this
article
without further inquiry.

Section 2.
W.S. 31
‑
18
‑
101(a)(xix) and 31
‑
18
‑
303(a) are amended to read:

31
‑
18
‑
101.

Definitions.

(a)

As used in this act:

(xix)

"This act" means W.S. 31
‑
18
‑
101 through
31
‑
18
‑
903

31
‑
18
‑
1011
;

31
‑
18
‑
303.

Authority of department to adopt rules and regulations governing drivers, equipment and hazardous materials; exceptions; maximum operating hours.

(a)

The department shall adopt rules and regulations prescribing the permissible operating time and other requirements of motor carrier drivers, equipment and the transportation of hazardous materials which are consistent with comparable regulations of the
United States
department of transportation.
The department may adopt rules and regulations in accordance with the provisions of article 10 of this act for the transportation of railroad employees.

Section 3
.
This act is effective July 1, 2010.

(END)

1
HB0081