Safe transportation of Wyoming workers act.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0027

HOUSE BILL
NO.
HB0089

Safe
transportation of
Wyoming
workers act.

Sponsored by:
Representative(s) Esquibel, K., Blake, Burkhart and Cannady and Senator(s) Barnard and Hastert

A BILL

for

AN ACT relating to
transportation; establishing
requirements
for contract carriers transporting employees as specified; requiring insurance as specified;
providing penalties; granting rulemaking authority;
and providing for an effective date.

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

Section 1
. W.S. 31-18-1001
through 31-18-1004 are
created to read:

ARTICLE 10
SAFE TRANSPORTATION OF EMPLOYEES BY CONTRACT CARRIERS

31
‑
18
‑
1001.

Contract motor carrier
requirements
.

(a)

Any person who hires for compensation a contract motor carrier to transport employees shall require the contract motor carrier to comply with all safet
y-related procedures or

standards
that are required of
the person's own employees, including
all
procedures or
standards related to the operation of vehicles or vehicle inspection and maintenance
.

(b)

A person who hires a contract motor carrier
subject to
subsection (a) of this section shall require the carrier to annually certify its compliance with subsection (a) of this section. The person hiring the contract motor ca
rrier and re
quiring a certification is entitled to rely on the certification as proof that the contract motor carrier is complying with all safety-
related
requirements, standards and
procedures
without further inquiry.

31
‑
18
‑
1002.

Insurance requirements.

Any person who hires for compensation a contract motor carrier to transport employees shall require the contract motor carrier to obtain and
maintain an insurance policy with policy limits

not less than
five million dollars ($5,000,000.00) for each motor vehicle that transports employees. The
insurance
policy shall provide coverage for injuries to transported employees related to the
ir
transportation and any liability
related
to a driver's conduct.

31
‑
18
‑
1003.

Requirements not exclusive.

The requirements imposed by this article are in addition to any other requirements imposed upon persons or contract motor carriers by federal or state law.

31
‑
18
‑
1004
.

Penalties.

(a)

A person who violates 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 and each vehicle being driven for the transport of employees constitutes a separate offense.

(c)

The department shall assess penalties for violations under this section by written notice to the violator and
in an amount
according to the nature, circumstances, extent and
severity
of the violation.

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
‑
100
4
;

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 i
n accordance with the provision
s

of article 10 of this act for the transportation of employees by contract motor carriers.

Section 3.
This act is effective July 1, 2011.

(END)

1
HB0089