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To enact section 4923.30 of the Revised Code to | 1 |
establish requirements for contract carriers that | 2 |
transport railroad employees. | 3 |
Section 1. That section 4923.30 of the Revised Code be | 4 |
enacted to read as follows: | 5 |
Sec. 4923.30. (A) This section applies to all contract | 6 |
carriers that contract with a railroad company to transport | 7 |
on-duty employees of that railroad within this state and from | 8 |
within this state to other states. | 9 |
(B) All vehicles a contract carrier uses to transport | 10 |
railroad employees shall be equipped with adequate seating and | 11 |
heating sources for the employees and a method whereby the | 12 |
employees are able to communicate directly with the railroad | 13 |
company. | 14 |
(C) A contract carrier that contracts to transport railroad | 15 |
employees shall do all of the following: | 16 |
(1) Require each operator who transports railroad employees | 17 |
to have a valid commercial driver's license; | 18 |
(2) Provide alcohol and drug screening under 49 C.F.R. Part | 19 |
40 for each operator who transports railroad employees; | 20 |
(3) Conduct a criminal records check as described in section | 21 |
109.572 of the Revised Code of each person who transports railroad | 22 |
employees; | 23 |
(4) Require a completed application for employment from each | 24 |
prospective vehicle operator who will transport railroad | 25 |
employees; | 26 |
(5) Conduct an annual review of the driving record of each | 27 |
driver who transports railroad employees and maintain a personal | 28 |
file that includes a driving record for each such driver; | 29 |
(6) Limit the hours of service of a driver who transports | 30 |
railroad employees to ten hours on-duty time following eight | 31 |
consecutive hours off duty; | 32 |
(7) Prohibit any driver from operating a vehicle that is | 33 |
transporting railroad employees after the driver has been on duty | 34 |
sixty hours in any seven consecutive days if the contract carrier | 35 |
does not operate commercial motor vehicles every day of the week | 36 |
or after the driver has been on duty seventy hours in any period | 37 |
of eight consecutive days if the contract carrier operates | 38 |
commercial motor vehicles every day of the week; | 39 |
(8) Require the driver of a vehicle used to transport | 40 |
railroad employees to inspect the vehicle at the beginning and end | 41 |
of each day the vehicle is so used. Each inspection shall include | 42 |
the completion of an inspection checklist in a manner and format | 43 |
prescribed by the public utilities commission. The inspection | 44 |
checklist constitutes a maintenance record, and the contract | 45 |
carrier shall retain the inspection checklist for not less than | 46 |
ninety days after the date of the inspection. | 47 |
(9) Keep every vehicle used to transport railroad employees | 48 |
in a safe and proper operating condition by maintaining the | 49 |
vehicle according to the maintenance schedule recommended for that | 50 |
vehicle by its manufacturer. The contract carrier shall maintain a | 51 |
record of all maintenance and repairs performed on each such | 52 |
vehicle and retain each record for not less than one year and six | 53 |
months after the date of such maintenance or repair. | 54 |
(10) Keep time records for six months indicating the time all | 55 |
for-hire motor carrier drivers who operate vehicles that transport | 56 |
railroad employees report for duty, the time of relief from duty, | 57 |
the hours driven, and the hours on duty and off duty. | 58 |
(D) The contract carrier shall make all records this section | 59 |
requires the contract carrier to keep available for inspection | 60 |
upon demand by the commission or the commission's designee. | 61 |
(E) All motor vehicles a contract carrier uses to transport | 62 |
railroad employees within this state and from within this state to | 63 |
other states shall at a minimum meet all state and federal laws, | 64 |
rules, and regulations pertaining to safe construction and | 65 |
maintenance. The drivers of such motor vehicles shall operate them | 66 |
in full compliance with all applicable state and federal laws, | 67 |
rules, and regulations pertaining to their operation and the | 68 |
transportation of passengers at all times. | 69 |
(F) Each contract carrier shall maintain no-fault insurance | 70 |
and liability insurance in an amount not less than five million | 71 |
dollars for each vehicle it uses to transport railroad employees | 72 |
that is designed by its manufacturer to carry sixteen or more | 73 |
passengers and one million five hundred thousand dollars for each | 74 |
vehicle it uses to transport railroad employees that is designed | 75 |
by its manufacturer to carry fifteen or fewer passengers. Each | 76 |
such vehicle also shall meet all state and federal requirements | 77 |
for safety devices, first-aid kits, and sidewalls, canopies, | 78 |
tailgates, or other means of retaining freight safely. | 79 |
(G) The provisions of this section establish minimum | 80 |
standards and shall not be construed to supersede or abrogate any | 81 |
law, rule, or regulation that imposes stricter standards upon the | 82 |
operation of contract carriers that transport railroad employees. | 83 |
(H) The commission, in accordance with Chapter 119. of the | 84 |
Revised Code, shall adopt rules to implement and administer this | 85 |
section. | 86 |
(I) Whoever violates any provision of this section or any | 87 |
rule adopted by the commission pursuant to this section is subject | 88 |
to section 4923.99 of the Revised Code. | 89 |