SB 1265 Imposes various regulations (hours of operation, vehicle safety, drug and alcohol screening, etc.) on contract carriers that transport railroad employees
Sponsor: Bray
LR Number: 4000S.06I Fiscal Note:
Committee: Transportation
Last Action: 3/3/2008 - Second Read and Referred S Transportation Committee Journal Page: S424
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1265 - This act applies to contract carriers that transport railroad employees under the terms of a contractual agreement with a railroad corporation on a road or highway of this state in a vehicle designed to carry 8 or fewer passengers, including the driver.

Under the act, a contract carrier that transports railroad employees shall:

(1) Require each driver who transports railroad employees to have a valid chauffeur's license;

(2) Provide drug and alcohol screening for each driver who transports railroad employees;

(3) Conduct a background investigation of each person who transports railroad employees;

(4) Require an application for employment from each prospective driver;

(5) Conduct an annual review of the driving record of each driver who transports a railroad employee; and

(6) Maintain a personnel file that includes a driving record for each driver who transports railroad employees.

A contract carrier shall limit the hours of service by a driver who transports railroad employees to 16 hours of on duty time within any 24 hour period. A contract carrier shall require a driver who has 12 hours of vehicle operation within any 24 hour period or 16 hours of on duty time within any 24 hour period to have at least 8 consecutive hours off duty before operating a vehicle again.

Under the act, all vehicles used by a contract carrier to transport railroad employees shall be maintained in a safe and proper operating condition. Contract carriers shall maintain records of maintenance and repair for each vehicle used to transport railroad employees.

Under the act, contract carriers shall keep time records for 6 months indicating the time all for-hire motor carrier drivers report for duty, the time of relief from duty, hours driven, hours on duty, and hours off duty. All records required to be maintained under the act shall be made available for inspection to the director of the department of transportation or the director's designee.

All motor vehicles used by a contract carrier to transport railroad employees within this state shall meet all state and federal regulations pertaining to safe construction and maintenance.

The act requires drivers of vehicles used to transport railroad employees to inspect such vehicles at the beginning and end of each day the vehicles are used to transport railroad employees. Each inspection shall include the completion of an inspection checklist in a manner and format prescribed by the commission. The inspection checklist shall be retained by the contract carrier for 90 days after the date of the inspection.

The act requires each contract carrier to maintain liability insurance in a minimum amount of $1.5 million for each vehicle used to transport railroad employees.

Under the act, the commission may inspect motor vehicles used by contract carriers. The state highway patrol shall assist the commission conduct the inspections if so requested.

A person who violates the provisions of this act is guilty of a Class B misdemeanor.

STEPHEN WITTE