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ACT No. 193
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.
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 ENROLLEDHB NO. 409
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(2)(3) "Eight Seven consecutive days" means the period of eight seven1
consecutive days beginning on any day and time designated by the for- hire contract2
carrier for the 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 ENROLLEDHB NO. 409
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(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 with 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 seven consecutive days shall be the9
same.10
(7) "Uninterrupted rest", commonly referred to as "off-duty", means a period11
of time in which a contract carrier shall not communicate with a driver by telephone,12
pager, or any manner that could disrupt the driver's rest.13
B. The provisions of this Section shall apply only to for-hire carriers14
transport vehicle drivers employed by contract carriers designed to transport railroad15
employees on any public highway or road in this state.16
C.(1) Drivers of for-hire motor carrier vehicles transporting railroad17
employees shall be prohibited from A contract carrier shall not require or allow a18
transport vehicle driver to be on-duty for more than:19
(1)(a) Driving a for-hire vehicle for more than ten hours in any twenty-four-20
hour period without eight consecutive hours off duty Twelve hours following eight21
consecutive hours of uninterrupted rest.22
(2)(b) Driving a for-hire vehicle after the driver has been on duty for fifteen23
hours without eight consecutive hours off duty Fifteen hours of combined on-duty24
and drive time after the driver completes eight consecutive hours of off-duty time.25
(3)(c) Driving a for-hire vehicle after the driver has been on duty for a total26
of seventy hours within eight consecutive days until the beginning of the next eight27
consecutive days Seventy hours of combined on-duty and drive time in any period28
of seven consecutive days.29 ENROLLEDHB NO. 409
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(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 Department of Public Safety and28
Corrections, office of motor vehicles. Such documentation shall confirm the driver's29 ENROLLEDHB NO. 409
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qualifications and ability to operate a motor vehicle in this state and shall include a1
record of all motor vehicle laws or ordinance violations committed by the driver.2
(4) Medical examination reports and certificates to be completed every two3
years which confirm the physical ability of the driver to operate a motor vehicle.4
(5) A copy of the driver's current Class E driver's license.5
F. The provisions of this Section shall not limit the right of a railroad6
company to contract with an employee of a contract carrier, transportation company,7
or entity that certifies to the railroad company that it is in compliance with the8
provisions of this Section or any applicable federal requirements.9
§1524.1. Contract carriers transporting railroad employees; transport vehicle driver10
disqualification11
A. A driver shall be disqualified from employment as a transport vehicle12
driver if the driver has committed two or more traffic violations within a three-year13
period, resulting in the suspension or revocation of the driver's license or privilege14
to operate a motor vehicle by the Department of Public Safety and Corrections,15
office of motor vehicles, or other administrative agency for conviction of any of the16
following:17
(1) Any intoxication related offense.18
(2) Any commercial motor vehicle violation.19
(3) Driving fifteen or more miles per hour over the posted speed limit of the20
roadway.21
(4) Negligent homicide with a vehicle or vehicular homicide.22
(5) Using a motor vehicle to commit a felony.23
(6) Failure to maintain proof of financial responsibility as required by law.24
(7) Fleeing the scene of an accident on foot or by use of a motor vehicle.25
(8) Evading arrest.26
(9) Careless and imprudent driving.27
(10) Prohibited passing of another motor vehicle.28
(11) Passing a stopped school bus.29
(12) Failure to obey a posted traffic signal or device.30 ENROLLEDHB NO. 409
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(13) Failure to obey a railroad crossing barrier.1
(14) Driving with a suspended, revoked, or cancelled driver's license.2
(15) Driving the wrong way down a one-way street.3
B. All transport vehicle drivers performing transport assignment duties for4
contract carriers shall undergo testing for alcohol and controlled substances as5
provided by 49 CFR Parts 40 and 382. A driver shall be qualified to operate a6
transport motor vehicle for a contract carrier if the following conditions are met:7
(1) The alcohol test results indicate a blood alcohol concentration of zero.8
(2) The controlled substance test results from a medical review officer as9
defined by 49 CFR 40.3 indicate a verified negative test result.10
C. A transport vehicle driver shall be disqualified from operating a motor11
vehicle for a contract carrier if:12
(1) The driver refuses to provide a specimen for an alcohol or controlled13
substance test.14
(2) The driver submits an adulterated, dilute positive, or substituted15
specimen on an alcohol or controlled substance test.16
D. In the event a motor vehicle accident occurs during a transport assignment17
involving a motor vehicle owned or operated by a transport vehicle driver, the18
contract carrier shall test each surviving transport vehicle driver for alcohol or19
controlled substances, if:20
(1) The accident involved the loss of human life.21
(2) The transport vehicle driver received a moving traffic violation citation22
as a result of the motor vehicle accident and the accident involved:23
(a) Bodily injury to a person who received immediate medical attention.24
(b) Disabling damage to one or more motor vehicles involved in the25
accident.26
E. Alcohol and controlled substance testing shall be completed immediately27
following a motor vehicle accident. In the event alcohol testing cannot be completed28
immediately, testing shall be performed within eight hours following the motor29
vehicle accident. In the event controlled substance testing cannot be completed30 ENROLLEDHB NO. 409
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immediately following the motor vehicle accident, testing shall be performed within1
thirty-two hours following the motor vehicle accident. The results of such testing2
shall be submitted to the Department of Public Safety and Corrections, office of3
motor vehicles.4
F. The contract carrier shall maintain all records of alcohol and controlled5
substance testing for each driver it employs for a period of five years from the date6
the test is administered. The records shall be maintained in a secure location on the7
premises of the contract carrier.8
§1524.2. Contract carriers transporting railroad employees; motor vehicle9
inspections; records10
A. Contract carriers shall inspect all motor vehicles and components utilized11
for the transportation of railroad employees at least once in each twelve-month12
period in compliance with 49 CFR 396.17 and Appendix G. Such inspection shall13
be performed by an individual qualified to perform such inspections in accordance14
with 49 CFR 396.19.15
B. A contract carrier shall require each transport vehicle driver it employs16
to complete a written motor vehicle report upon completion of operation of the motor17
vehicle in accordance with 49 CFR 396.11.18
C. A contract carrier shall establish a maintenance and repair program to19
include weekly inspections of the motor vehicles operated in the transportation of20
railroad employees. The program shall include checking parts and accessories for21
safety and proper operation at all times including overall cleanliness of the motor22
vehicle. A contract carrier and its officers, drivers, agents, and employees concerned23
with the inspection and maintenance of motor vehicles shall comply with and be24
knowledgeable of the contract carrier's maintenance and repair program. A contract25
carrier shall maintain records for its maintenance and repair program for each motor26
vehicle for a time period of one year. In the event a motor vehicle changes27
ownership, records shall be maintained by the contract carrier for a period of six28
months. The records shall include:29 ENROLLEDHB NO. 409
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(1) Identifying information of the motor vehicle to include vehicle1
identification number, make, model, year of manufacture, and company2
identification number if so provided.3
(2) Owner information if the motor vehicle is not owned by the contract4
carrier.5
(3) Inspection history to include documentation of all repairs and6
maintenance activity.7
D. All motor vehicles operated by contract carriers shall have the following:8
(1) Tires with sufficient tread in accordance with 49 CFR 393.75.9
(2) A fully inflated spare tire.10
(3) A secure location for personal baggage, including proper restraints.11
(4) Fully operational seatbelts for all passenger seats.12
(5) Traction devices, studs, or chains in the event of inclement weather.13
(6) An operational heater and air conditioner with fans.14
(7) An emergency road kit containing a tire inflation aerosol, flares or15
reflective triangles, battery cables, a fire extinguisher, and a readily available first aid16
kit complying with the standards set forth in 29 CFR 1910.151, Appendix A, and the17
American National Standards Institute Z308.1 minimum requirements.18
E. All motor vehicles operated by contract carriers shall be equipped with19
an operable amber light or strobe light which shall be mounted to the roof of the20
motor vehicle in the rear one-third portion in order to provide warning to motorists21
that the vehicle has slowed or stopped on a roadway.22
F. All motor vehicles operated by contract carriers shall not be operated in23
a condition that is likely to cause a motor vehicle accident or mechanical breakdown.24
G. A contract carrier shall allow an employee of the Department of Public25
Safety and Corrections or its designee access to:26
(1) A facility to determine compliance with this Section.27
(2) Records or information related to a motor vehicle accident investigation.28 ENROLLEDHB NO. 409
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§1524.3. Contract carriers; penalties1
A. The provisions of R.S. 32:1524, 1524.1, and 1524.2 shall be considered2
minimum standards and shall not be construed to supercede or abrogate any law,3
rule, or regulation which imposes stricter standards or regulations upon the operation4
of contract carriers which transport railroad employees.5
B. Any person, corporation, or entity that violates the provisions of R.S.6
32:1524, 1524.1, and 1524.2 or any rule promulgated thereto, shall be subject to a7
civil penalty in an amount not more than two thousand dollars for each offense or8
violation. Each violation shall constitute a separate and distinct offense. In the event9
of continuing violations, each such violation shall constitute a distinct and separate10
offense.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: