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H. B. No. 366 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Foley, Murray, Garland, Ramos, Gerberry, Letson, Ashford, Gentile, Yuko, Reece, Antonio, Carney
A BILL
To enact section 4923.30 of the Revised Code to
establish requirements for contract carriers that
transport railroad employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4923.30 of the Revised Code be
enacted to read as follows:
Sec. 4923.30. (A) This section applies to all contract
carriers that contract with a railroad company to transport
on-duty employees of that railroad within this state and from
within this state to other states.
(B) All vehicles a contract carrier uses to transport
railroad employees shall be equipped with adequate seating and
heating sources for the employees and a method whereby the
employees are able to communicate directly with the railroad
company.
(C) A contract carrier that contracts to transport railroad
employees shall do all of the following:
(1) Require each operator who transports railroad employees
to have a valid driver's license;
(2) Provide alcohol and drug screening under 49 C.F.R. part
40 for each operator who transports railroad employees;
(3) Conduct a criminal records check as described in section
109.572 of the Revised Code of each person who transports railroad
employees;
(4) Require a completed application for employment from each
prospective vehicle operator who will transport railroad
employees;
(5) Conduct an annual review of the driving record of each
driver who transports railroad employees and maintain a personal
file that includes a driving record for each such driver;
(6) Limit the hours of service of a driver who transports
railroad employees to ten hours on-duty time following eight
consecutive hours off duty;
(7) Prohibit any driver from operating a vehicle that is
transporting railroad employees after the driver has been on duty
sixty hours in any seven consecutive days if the contract carrier
does not operate commercial motor vehicles every day of the week
or after the driver has been on duty seventy hours in any period
of eight consecutive days if the contract carrier operates
commercial motor vehicles every day of the week;
(8) Require the driver of a vehicle used to transport
railroad employees to inspect the vehicle at the beginning and end
of each day the vehicle is so used. Each inspection shall include
the completion of an inspection checklist in a manner and format
prescribed by the public utilities commission. The inspection
checklist constitutes a maintenance record, and the contract
carrier shall retain the inspection checklist for not less than
ninety days after the date of the inspection.
(9) Keep every vehicle used to transport railroad employees
in a safe and proper operating condition by maintaining the
vehicle according to the maintenance schedule recommended for that
vehicle by its manufacturer. The contract carrier shall maintain a
record of all maintenance and repairs performed on each such
vehicle and retain each record for not less than one year and six
months after the date of such maintenance or repair.
(10) Keep time records for six months indicating the time all
for-hire motor carrier drivers who operate vehicles that transport
railroad employees report for duty, the time of relief from duty,
the hours driven, and the hours on duty and off duty.
(D) The contract carrier shall make all records this section
requires the contract carrier to keep available for inspection
upon demand by the commission or the commission's designee.
(E) All motor vehicles a contract carrier uses to transport
railroad employees within this state and from within this state to
other states shall at a minimum meet all state and federal laws,
rules, and regulations pertaining to safe construction and
maintenance. The drivers of such motor vehicles shall operate them
in full compliance with all applicable state and federal laws,
rules, and regulations pertaining to their operation and the
transportation of passengers at all times.
(F) Each contract carrier shall maintain no-fault insurance
or liability insurance in an amount not less than five million
dollars for each vehicle it uses to transport railroad employees
that is designed by its manufacturer to carry sixteen or more
passengers and not less than one million five hundred thousand
dollars for each vehicle it uses to transport railroad employees
that is designed by its manufacturer to carry fifteen or fewer
passengers. Each such vehicle also shall meet all state and
federal requirements for safety devices, first-aid kits, and
sidewalls, canopies, tailgates, or other means of retaining
freight safely.
(G) The provisions of this section establish minimum
standards and shall not be construed to supersede or abrogate any
law, rule, or regulation that imposes stricter standards upon the
operation of contract carriers that transport railroad employees.
(H) The commission, in accordance with Chapter 119. of the
Revised Code, shall adopt rules to implement and administer this
section.
(I) Whoever violates any provision of this section or any
rule adopted by the commission pursuant to this section is subject
to section 4923.99 of the Revised Code.
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