HLS 13RS-615 ENGROSSED Page 1 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 409 BY REPRESENTATIVE JOHNSON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. RAILROADS: Provides relative to safety regulations for contract carriers transporting railroad employees AN ACT1 To amend and reenact R.S. 32:1524 and to enact R.S. 32:1524.1, 1524.2, and 1524.3,2 relative to contract carriers transporting railroad employees; to provide for certain3 safety regulations for such contract carriers, including driver qualifications, alcohol4 and controlled substance testing, vehicle inspections, and records; to provide for5 violations and penalties; to provide for definitions; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 32:1524 is hereby amended and reenacted and R.S. 32:1524.1,8 1524.2, and 1524.3 are hereby enacted to read as follows:9 §1524. For-hire Contract carriers transporting railroad employees; definitions;10 driving time; rules and regulations11 A. When used in this Section, the following words and phrases shall have the12 following meanings, unless the context clearly indicates a different meaning:13 (1) "Contract carrier" means a transportation company operating in intrastate14 commerce by motor vehicle or bus under contract to transport railroad employees for15 compensation.16 (1)(2) "Driving Drive time" means all time spent at the driving controls of17 a commercial for-hire vehicle designed to the length of time a driver spends behind18 the wheel of a motor vehicle performing intrastate commerce as employed by a19 contract carrier to transport railroad employees.20 HLS 13RS-615 ENGROSSED HB NO. 409 Page 2 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2)(3) "Eight consecutive days" means the period of eight consecutive days1 beginning on any day and time designated by the for- hire contract carrier for the2 terminal from which the driver is normally dispatched.3 (3) "For-hire carrier" means any motor carrier engaged in the business of4 transporting railroad employees for compensation.5 (4) "On-duty time" means all time from the time a driver begins to work or6 is required to be in readiness to work until the time the driver is relieved from work7 and all responsibility for performing work the length of time a driver spends at work8 as an employee of a contract carrier. On-duty time shall include:9 (a) All time at a plant, terminal, facility, or other property of a motor contract10 carrier or shipper, or on any other property waiting to be dispatched, unless the driver11 has been relieved from duty by the for-hire contract carrier.12 (b) All time inspecting, servicing, or conditioning any for-hire commercial13 contract carrier motor vehicle used for transport assignments at any time.14 (c) All driving drive time as defined in the term driving drive time.15 (d) All time, other than driving, in or upon any for-hire commercial contract16 carrier motor vehicle used for transport assignments.17 (e) All time supervising, attending, or assisting the loading or unloading of18 a for-hire contract carrier transport commercial motor vehicle, all time spent giving19 or receiving receipts for shipments loaded or unloaded, supervising, or assisting in20 the loading or unloading, attending a for-hire commercial motor vehicle being loaded21 or unloaded, or remaining in readiness to operate the for-hire commercial motor22 contract carrier transport vehicle, or in giving or receiving receipts for shipments23 loaded or unloaded.24 (f) All time repairing, obtaining assistance, or remaining in attendance upon25 a disabled for-hire commercial contract carrier transport motor vehicle.26 (g) All time spent providing a breath sample or urine specimen, including27 travel time to and from the collection testing site, in order to comply with any28 federal, state, or employer regulation or rule.29 HLS 13RS-615 ENGROSSED HB NO. 409 Page 3 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (h) All time Performing performing any other work in the capacity, employ1 employment, or service of a motor contract carrier.2 (5) "Transport vehicle driver" means a driver employed by a contract carrier3 to fulfill transport assignments in accordance of the intrastate transportation of4 railroad employees.5 (5)(6) "Twenty-four-hour period" means any twenty-four consecutive hour6 period beginning at the time designated by the for-hire contract carrier for the7 terminal from which the driver is normally dispatched. The times designated for the8 beginning of a twenty-four-hour period and eight consecutive days shall be the same.9 (7) "Uninterrupted rest", commonly referred to as "off-duty", means a period10 of time in which a contract carrier shall not communicate with a driver by telephone,11 pager, or any manner that could disrupt the driver's rest.12 B. The provisions of this Section shall apply only to for-hire carriers13 transport vehicle drivers employed by contract carriers designed to transport railroad14 employees on any public highway or road in this state.15 C.(1) Drivers of for-hire motor carrier vehicles transporting railroad16 employees shall be prohibited from A contract carrier shall not require or allow a17 transport vehicle driver to be on-duty for more than:18 (1)(a) Driving a for-hire vehicle for more than ten hours in any twenty-four-19 hour period without eight consecutive hours off duty Twelve hours following eight20 consecutive hours of uninterrupted rest.21 (2)(b) Driving a for-hire vehicle after the driver has been on duty for fifteen22 hours without eight consecutive hours off duty Fifteen hours of combined on-duty23 and drive time after the driver completes eight consecutive hours of off-duty time.24 (3)(c) Driving a for-hire vehicle after the driver has been on duty for a total25 of seventy hours within eight consecutive days until the beginning of the next eight26 consecutive days Seventy hours of combined on-duty and drive time in any period27 of seven consecutive days.28 HLS 13RS-615 ENGROSSED HB NO. 409 Page 4 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (4)(2) Performing any compensated work for a person who is not a motor1 carrier within eight hours prior to coming on duty After an off-duty period of at least2 twenty-four hours, a driver shall begin a new consecutive day work period and the3 driver's off-duty time shall reset to zero.4 (3) A transport vehicle driver who cannot safely complete a transportation5 assignment within the twelve-hour maximum driving time permitted due to an6 emergency shall be permitted to drive a motor vehicle for not more than two7 additional hours to complete the transport assignment or to reach a destination8 offering safety and security for the transport motor vehicle and its passengers.9 D. For-hire motor carrier companies A contract carrier shall keep maintain10 time records for a period of six months indicating the time all for-hire motor carrier11 transport vehicle drivers report for duty, the time of relief from duty, hours driven,12 hours on duty, and hours off duty. The records shall be made available to the13 Department of Public Safety and Corrections, office of state police, for inspection14 and shall be subject to the provisions of R.S. 32:1505. The Department of Public15 Safety and Corrections, office of state police, shall adopt rules and regulations, in16 accordance with the Administrative Procedure Act, as are necessary to implement17 the provisions of this Section.18 E. The Department of Public Safety and Corrections, office of state police,19 shall adopt rules and regulations, in accordance with the Administrative Procedure20 Act, as are necessary to implement the provisions of this Section A contract carrier21 shall maintain a transport vehicle driver qualification and personnel file for each22 driver it employs. The driver qualification file shall include:23 (1) The driver's employment application as required by 49 CFR 391.21.24 (2) Requests for information from the driver's previous employer as required25 by 49 CFR 391.23(a)(2) and (c).26 (3) Documentation related to the annual inquiry and review of the driver's27 motor vehicle operation record as provided by the Louisiana Department of Public28 Safety and Corrections, office of motor vehicles. Such documentation shall confirm29 HLS 13RS-615 ENGROSSED HB NO. 409 Page 5 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the driver's qualifications and ability to operate a motor vehicle in this state and shall1 include a record of all motor vehicle laws or ordinance violations committed by the2 driver.3 (4) Medical examination reports and certificates to be completed every two4 years which confirm the physical ability of the driver to operate a motor vehicle.5 (5) A copy of the driver's current Class E driver's license.6 F. The provisions of this Section shall not limit the right of a railroad7 company to contract with an employee of a contract carrier, transportation company,8 or entity that certifies to the railroad company that it is in compliance with the9 provisions of this Section or any applicable federal requirements.10 §1524.1. Contract carriers transporting railroad employees; transport vehicle driver11 disqualification12 A. A driver shall be disqualified from employment as a transport vehicle13 driver if the driver has committed two or more traffic violations within a three-year14 period, resulting in the suspension or revocation in the driver's license or privilege15 to operate a motor vehicle by the Department of Public Safety and Corrections,16 office of motor vehicles, or other administrative agency for conviction of the17 following:18 (1) Any intoxication related offense.19 (2) Any seat belt violation.20 (3) Any commercial motor vehicle violation.21 (4) Driving fifteen or more miles per hour over the posted speed limit of the22 roadway.23 (5) Negligent homicide with a vehicle or vehicular homicide.24 (6) Using a motor vehicle to commit a felony.25 (7) Failure to maintain proof of financial responsibility as required by law.26 (8) Fleeing the scene of an accident on foot or by use of a motor vehicle.27 (9) Evading arrest.28 (10) Careless and imprudent driving.29 HLS 13RS-615 ENGROSSED HB NO. 409 Page 6 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (11) Prohibited passing of another motor vehicle.1 (12) Passing a stopped school bus.2 (13) Failure to obey a posted traffic signal or device.3 (14) Failure to obey a railroad crossing barrier.4 (15) Driving with a suspended, revoked, or cancelled driver's license.5 (16) Driving the wrong way down a one-way street.6 B. All transport vehicle driver's performing transport assignment duties for7 contract carriers shall undergo testing for alcohol and controlled substances as8 provided by 49 CFR 40 and 382. A driver shall be qualified to operate a transport9 motor vehicle for a contract carrier if the following conditions are met:10 (1) The alcohol test results indicate a blood alcohol concentration of zero.11 (2) The controlled substance test results from a medical review officer as12 defined by 49 CFR 40.3 indicate a verified negative test result.13 C. A transport vehicle driver shall be disqualified from operating a motor14 vehicle for a contract carrier if:15 (1) The driver refuses to provide a specimen for an alcohol or controlled16 substance test.17 (2) The driver submits an adulterated, dilute positive, or substituted18 specimen on an alcohol or controlled substance test.19 D. In the event a motor vehicle accident occurs during a transport assignment20 involving a motor vehicle owned or operated by a transport vehicle driver, the21 contract carrier shall test each surviving transport vehicle driver for alcohol or22 controlled substances, if:23 (1) The accident involved the loss of human life.24 (2) The transport vehicle driver received a moving traffic violation citation25 as a result of the motor vehicle accident and the accident involved:26 (a) Bodily injury to a person who received immediate medical attention.27 (b) Disabling damage occurs to one or more motor vehicles involved in the28 accident.29 HLS 13RS-615 ENGROSSED HB NO. 409 Page 7 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. E. Alcohol and controlled substance testing shall be completed immediately1 following a motor vehicle accident. In the event alcohol testing cannot be completed2 immediately, testing shall be performed within eight hours following the motor3 vehicle accident. In the event controlled substance testing cannot be completed4 immediately following the motor vehicle accident, testing shall be performed within5 thirty-two hours following the motor vehicle accident. The results of such testing6 shall be submitted to the Department of Public Safety and Corrections, office of7 motor vehicles.8 F. The contract carrier shall maintain all records of alcohol and controlled9 substance testing for each driver it employs for a period of five years from the date10 the test is administered. The records shall be maintained in a secure location on the11 premises of the contract carrier.12 §1524.2. Contract carriers transporting railroad employees; motor vehicle13 inspections; records14 A. Contract carriers shall inspect all motor vehicles and components utilized15 for the transportation of railroad employees at least once in each twelve-month16 period in compliance with 49 CFR 396.17, Appendix G. Such inspection shall be17 performed by an individual qualified to perform such inspections in accordance with18 49 CFR 396.19.19 B. A contract carrier shall require each transport vehicle driver it employs20 to complete a written motor vehicle report upon completion of operation of the motor21 vehicle in accordance with 49 CFR 396.11.22 C. A contract carrier shall establish a maintenance and repair program to23 include weekly inspections of the motor vehicles operated in the transportation of24 railroad employees. The program shall include checking parts and accessories for25 safety and proper operation at all times including overall cleanliness of the motor26 vehicle. A contract carrier and its officers, drivers, agents, and employees concerned27 with the inspection and maintenance of motor vehicles shall comply with and be28 knowledgeable of the contract carrier's maintenance and repair program. A contract29 HLS 13RS-615 ENGROSSED HB NO. 409 Page 8 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. carrier shall maintain records for its maintenance and repair program for each motor1 vehicle for a time period of one year. In the event a motor vehicle changes2 ownership, records shall be maintained by the contract carrier for a period of six3 months. The records shall include:4 (1) Identifying information of the motor vehicle to include vehicle5 identification number, make, model, year of manufacture, and company6 identification number if so provided.7 (2) Owner information if the motor vehicle is not owned by the contract8 carrier.9 (3) Inspection history to include documentation of all repairs and10 maintenance activity.11 D. All motor vehicles operated by contract carriers shall have the following:12 (1) Tires with sufficient tread in accordance with 49 CFR 393.75.13 (2) A fully inflated spare tire.14 (3) A secure location for personal baggage, including proper restraints.15 (4) Fully operational seatbelts for all passenger seats.16 (5) Traction devices, studs, or chains in the event of inclement weather.17 (6) An operational heater and air conditioner with fans.18 (7) An emergency road kit containing a tire inflation aerosol, flares or19 reflective triangles, battery cables, a fire extinguisher, and a readily available first aid20 kit complying with the standards set forth in 29 CFR 1910.151, Appendix A, and21 shall meet the American National Standards Institute Z308.1 requirements.22 E. All motor vehicles operated by contract carriers shall be equipped with23 an operable amber light or strobe light which shall be mounted to the roof of the24 motor vehicle in the rear one-third portion in order to provide warning to motorists25 that the vehicle has slowed or stopped on a roadway.26 F. All motor vehicles operated by contract carriers shall not be operated in27 a condition that is likely to cause a motor vehicle accident or mechanical breakdown.28 HLS 13RS-615 ENGROSSED HB NO. 409 Page 9 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. G. A contract carrier shall allow an employee of the department or its1 designee access to:2 (1) A facility to determine compliance with this Section.3 (2) Records or information related to a motor vehicle accident investigation.4 §1524.3. Contract carriers; penalties5 A. The provisions of this Section shall be considered minimum standards6 and shall not be construed to supercede or abrogate any law, rule, or regulation7 which imposes stricter standards or regulations upon the operation of contract8 carriers which transport railroad employees.9 B. Any person, corporation, or entity that violates the provisions of this10 Section or any rule promulgated thereto, shall be subject to a civil penalty in an11 amount not more than two thousand dollars for each offense or violation. Each12 violation shall constitute a separate and distinct offense. In the event of continuing13 violations, each such violation shall constitute a distinct and separate offense.14 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Johnson HB No. 409 Abstract: Provides relative to regulations for contract carriers in the business of transporting railroad employees. Present law classifies transport lines in the business of transporting railroad employees as "for-hire carriers". Proposed law changes this classification to "contract carriers" and defines the term as a transportation company operating in intrastate commerce by motor vehicle or bus under contract to transport railroad employees for compensation. Present law defines "driving time" as all time spent at the driving controls of a commercial for-hire vehicle designed to transport railroad employees. Proposed law changes this term to "drive time" and defines it as the length of time a driver spends behind the wheel of a motor vehicle performing intrastate commerce as employed by a contract carrier to transport railroad employees. Present law defines "on-duty time" as all time the driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. Proposed law changes this definition to the length of time a driver spends at work as an employee of a contract carrier including the following conditions: HLS 13RS-615 ENGROSSED HB NO. 409 Page 10 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (1)All time spent at a plant, terminal, facility, or other property of a contract carrier or shipper waiting to be dispatched, unless the driver has already been relieved from duty. (2)All time spent inspecting, servicing, or conditioning a contract carrier vehicle used in the duty of transport assignments. (3)All drive time. (4)All time, other than driving, in or upon a contract carrier motor vehicle used in the duty of transport assignments. (5)All time supervising, attending, or assisting the loading or unloading of a contract carrier transport vehicle, time spent giving or receiving receipts for shipments loaded or unloaded, or remaining in readiness to complete a transport assignment. (6)All time repairing, obtaining assistance, or remaining in attendance upon a disabled contract carrier transport vehicle. (7)All time spent providing a breath sample or urine specimen, including time to and from the testing site. (8) Time spent performing any other work in the capacity, employment, or service of a contract carrier. Proposed law defines "transport vehicle driver" as a driver employed by a contract carrier to fulfill transport assignments in accordance of the intrastate transportation of railroad employees. Proposed law defines "uninterrupted rest" as a period of time in which a contract carrier shall not communicate with a driver by telephone, pager, or any manner that would disrupt the driver's rest. This is commonly referred to as "off-duty". Present law prohibits a driver from operating a vehicle for more than 10 hours in any 24- hour period without eight consecutive hours off-duty. Proposed law changes this regulation to 12 hours following eight consecutive hours of uninterrupted rest. Present law prohibits drivers from operating a vehicle after the driver has been on-duty for 15 hours without eight consecutive hours of off-duty time. Proposed law changes this regulation to 15 hours of combined on-duty and drive time after the driver completes eight consecutive hours of off duty time. Present law prohibits drivers from operating a vehicle after the driver has been on-duty for a total of 70 hours within eight consecutive days until the beginning of the next eight consecutive days. Proposed law changes this regulation to 70 hours of combines on-duty and drive time in any period of seven consecutive days. Present law prohibits a driver from performing any compensated work for a person who is not a motor carrier within eight hours prior to coming on duty. Proposed law removes this regulation and adds that after an off-duty period of at least 24 hours, a driver shall begin a new consecutive work period, and the driver's off-duty time shall reset to zero. Proposed law provides that a transport vehicle driver who cannot safely complete a transportation assignment within the 12 hour maximum driving time permitted due to an emergency shall be permitted to drive a motor vehicle for not more than two additional hours to complete the transport assignment or to reach a destination offering safety and security for the transport motor vehicle and its passengers. HLS 13RS-615 ENGROSSED HB NO. 409 Page 11 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law provides that a contract carrier shall maintain time records for a period of six months indicating the time all transport vehicle drivers report for duty, the time of relief from duty, hours driven, hours on duty, and hours off duty. The records shall be made available to the Dept. of Public Safety and Corrections, office of state police, for inspection and shall be subject to the provisions of R.S. 32:1505. The Dept. of Public Safety and Corrections, office of state police, shall adopt rules and regulations, in accordance with the Administrative Procedure Act, as are necessary to implement the provisions of this Section. Proposed law provides that a contract carrier shall maintain a transport vehicle driver qualification and personnel file for each driver it employs. The driver qualification file shall include the following: (1)The driver's employment application as provided by 49 CFR 391.21 of the U.S. Dept. of Transportation. (2)Request for information from the driver's previous employer as provided by 49 CFR 391.23(a)(2) and (c) of the U.S. Dept. of Transportation. (3)Documentation related to the annual inquiry and review of the driver's motor vehicle operation record as provided by the La. Dept. of Public Safety and Corrections, office of motor vehicles. Such documentation shall confirm the driver's qualifications and ability to operate a motor vehicle in this state and shall include a record of all motor vehicle laws and ordinance violations committed by the driver. (4)Medical examination report and certificate to be completed every two years which confirms the physical ability if the driver is to operate a motor vehicle. (5)A copy of the driver's current Class E driver's license. Proposed law provides that the provisions of proposed law shall not limit the right of a railroad company to contract with an employee of a contract carrier, transportation company, or entity that certifies to the railroad company that it is in compliance with the provisions of proposed law or any applicable federal requirements. Proposed law provides that a driver shall be disqualified from employment as a transport vehicle driver for a contract carrier if the driver has committed two or more traffic violations resulting in the suspension or revocation of license or driving privileges by the office of motor vehicles for conviction of the following: (1)Any seat belt violation. (2)Any commercial motor vehicle violation. (3)Driving 15 or more miles per hour over the posted speed limit of the roadway. (4)Negligent homicide with a motor vehicle or vehicular homicide. (5)Using a motor vehicle to commit a felony. (6)Failure to maintain proof of financial responsibility as required by law. (7)Fleeing the scene of an accident on foot or by use of a motor vehicle. (8)Evading arrest. (9)Careless and imprudent driving. (10)Prohibited passing of another motor vehicle. HLS 13RS-615 ENGROSSED HB NO. 409 Page 12 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (11)Passing a stopped school bus. (12)Failure to obey a posted traffic signal or device. (13)Failure to obey a railroad crossing barrier. (14)Driving with a suspended, revoked, or cancelled driver's license. (15)Driving the wrong way down a one-way street. Proposed law requires transport vehicle driver's performing transport assignments for contract carriers to undergo alcohol and controlled substance testing provided by federal transportation guidelines. A driver will be qualified for employment if the alcohol test results indicate a blood alcohol concentration of zero and the controlled substance test results indicate a negative test result once confirmed by a certified medical review officer. Proposed law provides that a driver will be disqualified from employment for the following: (1)The driver refuses to provide a specimen for an alcohol or controlled substance test. (2)The driver submits an adulterated, dilute positive, or substituted specimen on an alcohol or controlled substance test. Proposed law provides that in the event of a motor vehicle accident occurring in the duty of a transport assignment, involving a motor vehicle owned or operated by a transport vehicle driver, the contract carrier shall test each surviving transport vehicle driver for alcohol or controlled substances, if: (1)The accident involved the loss of human life. (2)The transport vehicle driver received a moving traffic violation citation as a result of the motor vehicle accident that involved bodily injury to a person who received immediate medical attention or disabling damage occurs to one or more motor vehicles involved in the accident. Proposed law provides that alcohol and controlled substance testing shall be completed immediately following a motor vehicle accident. In the event alcohol testing cannot be completed immediately, testing shall be performed within eight hours following the motor vehicle accident. In the event controlled substance testing cannot be completed immediately following the motor vehicle accident, testing shall be performed within 32 hours following the motor vehicle accident. The results of such testing shall be submitted to the office of motor vehicles. Proposed law provides that a contract carrier shall maintain all records of alcohol and controlled substance testing for each driver it employs for a period of five years from the date the test is administered. Proposed law provides that a contract carrier shall inspect all motor vehicles and components utilized for the transportation of railroad employees at least once in each 12-month period in compliance with federal law. A contract carrier and its officers, drivers, agents, and employees concerned with the inspection and maintenance of motor vehicles shall comply with and be knowledgeable of the contract carrier's maintenance and repair program. Proposed law provides that contract carriers shall require each transport vehicle driver it employs to complete a written motor vehicle report upon completion of operation of the motor vehicle in accordance with federal law. HLS 13RS-615 ENGROSSED HB NO. 409 Page 13 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law provides that a contract carrier shall establish a maintenance and repair program to include weekly inspections of the motor vehicles operated in the transportation of railroad employees. Proposed law provides that a contract carrier shall maintain records for its maintenance and repair program for each motor vehicle for a time period of one year. In the event a motor vehicle changes ownership, records shall be maintained by the contract carrier for a period of six months. The records shall include: (1)Identifying information of the motor vehicle to include vehicle identification number, make, model, year of manufacture, and company identification number if so provided. (2)Owner information if the motor vehicle is not owned by the contract carrier. (3)Inspection history to include documentation of all repairs and maintenance activity. Proposed law provides that all motor vehicles operated by contract carriers shall have the following: (1)Tires with sufficient tread in accordance with federal law. (2)A fully inflated spare tire. (3)A secure location for personal baggage, including proper restraints. (4)Fully operational seatbelts for all passenger seats. (5)Traction devices, studs, or chains in the event in inclement weather. (6)An operational heater and air conditioner with fans. (7)An emergency road kit containing a tire inflation aerosol, flares or reflective triangles, battery cables, a fire extinguisher, and a readily available first aid kit complying with the standards set forth in federal law. Proposed law provides that all motor vehicles operated by contract carriers shall be equipped with an operable amber light or strobe light which shall be mounted to the roof of the motor vehicle in the rear 1/3 portion in order to provide warning to motorist the vehicle has slowed or stopped on a roadway. Proposed law provides that all motor vehicles operated by contract carriers shall not be operated in a condition that is likely to cause a motor vehicle accident or mechanical breakdown. Proposed law provides that a contract carrier shall allow an employee of the department or its designee access to a facility to determine compliance of proposed law and records or information related to a motor vehicle accident investigation. Proposed law provides that the provisions of proposed law shall be considered minimum standards and shall not be construed to supercede or abrogate any law, rule, or regulation which imposes stricter standards or regulations upon the operation of contract carriers which transport railroad employees. Proposed law provides that any person, corporation, or entity that violates the provisions of proposed law or any rule promulgated thereto, shall be subject to a civil penalty in an amount not more than $2,000 for each offense or violation. Each violation shall constitute HLS 13RS-615 ENGROSSED HB NO. 409 Page 14 of 14 CODING: Words in struck through type are deletions from existing law; words underscored are additions. a separate and distinct offense. In the event of continuing violations, each such violation shall constitute a distinct and separate offense. (Amends R.S. 32:1524; Adds R.S. 32:1524.1, 1524.2, and 1524.3)