HB 2368 -- Transportation of Railroad Employees by Contract
Carriers

Sponsor:  Schad

This bill establishes regulations for contract carriers that
transport railroad employees for compensation.  In its main
provisions, the bill:

(1)  Requires a contract carrier to maintain a driver
qualification file for each driver it employs.  The file may be
combined with a driver's personnel file and must contain:

(a)  A biennial certification of the physical ability of the
driver to operate a motor vehicle;

(b)  Documentation establishing that the driver's driving record
has be reviewed at least once per year, documentation related to
any violation of motor vehicle laws or ordinances if applicable,
and other documentation related to the driver's qualification or
ability to drive a motor vehicle;

(c)  The driver's application for employment and responses from
previous employers, if required by the current employer; and

(d)  A copy of the driver's current driver's license showing the
class E qualification or its equivalent;

(2)  Disqualifies a driver from driving for a contract carrier if
he or she has committed two or more serious traffic violations in
a three-year period.  A serious traffic violation includes any
violation in which the person's driver's license has been
suspended or revoked or any violation in which the person has
been found guilty of certain specified driving offenses;

(3)  Prohibits a contract carrier from requiring or allowing a
driver to drive or remain on duty for more than:

(a)  10 hours after eight consecutive hours off-duty;

(b)  15 hours of combined on-duty time and drive time since last
having eight consecutive hours of off-duty; or

(c)  72 hours of on-duty and drive time in any period of eight
consecutive days;

(4)  Specifies that after 24 hours off-duty, a driver begins a
new seven consecutive day period and on-duty time is reset to
zero.  Any driver who encounters an emergency and cannot safely
complete a transportation assignment within the 10-hour driving
maximum may be allowed to drive no more than two additional hours
in order to complete the assignment or reach a safe place for the
passengers;

(5)  Requires a contract carrier to maintain and retain accurate
time records for six months that show specified information
regarding each driver's work hours;

(6)  Requires a driver to undergo testing for controlled
substances and alcohol before performing any duties for a
contract carrier.  A driver will be qualified to drive for a
carrier if the alcohol test results indicate a concentration of
zero and the controlled substance test result from the medical
review officer indicates a verified negative test result.  A
driver will be disqualified if he or she fails either test;
refuses to submit a specimen for either test; or submits an
adulterated, diluted, or substitute specimen for either test;

(7)  Requires a surviving driver after an accident in a vehicle
owned or operated by a contract carrier to be tested for
controlled substances and alcohol if the accident involved the
loss of human life or the driver received a citation for a moving
traffic violation and the accident involved bodily injury to a
person who immediately received medical attention or disabling
damage occurred to one or more motor vehicles.  The alcohol and
controlled substances testing must be completed immediately after
the accident.  If testing cannot be conducted immediately, the
alcohol test must be conducted within eight hours and the
controlled substances test within 32 hours of the accident.  The
results must be submitted to the Department of Transportation.  A
carrier or the driver's employer must maintain records of alcohol
and controlled substances testing of drivers in a secure location
for five years;

(8)  Requires a contract carrier to inspect its motor vehicles.
If the carrier uses a commercial motor vehicle for passenger
transportation, the carrier must have the vehicle inspected by a
federally qualified person at least once every 12 months.  A
driver must complete a written motor vehicle report at the end of
each day's work;

(9)  Requires a contract carrier to establish a maintenance and
repair program including at least weekly inspections of the parts
and accessories for safety and proper operation and for the
overall cleanliness of the vehicle and to maintain for one year
records for each motor vehicle that include specific identifying
information, owner information, history of inspections, and
repairs and maintenance activities and the date the activity was
performed.  If a motor vehicle leaves the carrier's fleet, the
vehicle's records must be maintained for six months;

(10)  Requires all vehicles in a contract carrier's fleet to be
equipped with an operable amber or strobe light mounted on the
rear third of the vehicle's roof in order to warn other motorists
whenever the vehicle has slowed or stopped on or near the roadway
and specifies additional equipment a carrier's vehicle must have;

(11)  Requires a contract carrier to allow an employee of the
Department of Transportation or its designee access to a facility
to determine compliance with the provisions of the bill and to
records and information related to an accident investigation;

(12)  Requires a contract carrier to obtain and maintain an
insurance policy of $5 million for each motor vehicle that
transports railroad employees;

(13)  Specifies that any person, corporation, or entity who
violates the provisions of the bill will be subject to a civil
penalty of up to $2,000 for each offense.  Each violation
constitutes a separate and distinct offense; and in the case of a
continuing violation, each day's continuance is considered a
separate and distinct offense.  The department may recover the
penalties for violations; and

(14)  Specifies that the provisions of the bill are not intended
to limit the right of a railroad to contract with a carrier that
certifies to the railroad that it is in compliance with state and
federal requirements.  These provisions are considered minimum
standards and do not supersede or abrogate any law, rule, or
regulation that imposes stricter standards or regulation upon
these carriers.

The bill contains an emergency clause.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:13 pm