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Johnson (HB 409) Act No. 193
Existing law classifies transport lines in the business of transporting railroad employees as
"for-hire carriers". New 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.
Prior law defined "driving time" as all time spent at the driving controls of a commercial for-
hire vehicle designed to transport railroad employees. New 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.
Prior law defined "eight consecutive days" as the period of eight consecutive days beginning
on any day and time designated by the for-hire carrier for the terminal from which the driver
is normally dispatched. New law changes this definition to "seven consecutive days" as the
period of seven consecutive days beginning on any day and time designated by the contract
carrier for the terminal from which the driver is normally dispatched.
Prior law defined "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. New 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:
(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 as defined in the term "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)All time spent performing any other work in the capacity, employment, or service of
a contract carrier.
New law defines "transport vehicle driver" as a driver employed by a contract carrier to fulfill
transport assignments in accordance with the intrastate transportation of railroad employees.
Existing law provides that the time designated for the beginning of a twenty-four-hour period
of work and eight consecutive days shall be the same. New law changes this regulation to
seven consecutive days.
New 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". Page 2 of 5
Existing law prohibits a driver from operating a vehicle for more than 10 hours in any 24-
hour period without eight consecutive hours off-duty. New law changes this regulation to
12 hours following eight consecutive hours of uninterrupted rest.
Existing 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. New 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.
Existing 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. New law changes this regulation to 70 hours of combined on-duty and
drive time in any period of seven consecutive days.
Existing 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. New 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.
New 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.
New law provides that a contract carrier, instead of a for-hire motor carrier company as
requried by prior law, 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 (DPS&C), office of state police, for inspection and shall be subject
to the provisions of R.S. 32:1505. The DPS&C, office of state police, shall adopt rules and
regulations, in accordance with the Administrative Procedure Act, as are necessary to
implement the provisions of existing law.
New 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 DPS&C, 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.
New law provides that the provisions of new 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 new law
or any applicable federal requirements.
New 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 Page 3 of 5
resulting in the suspension or revocation of license or driving privileges by the office of
motor vehicles for conviction of any of the following:
(1)Any intoxication related offense.
(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.
(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.
New law requires transport vehicle drivers 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.
New 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.
New 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 occurring to one or more motor
vehicles involved in the accident.
New 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 Page 4 of 5
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.
New 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.
New 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.
New 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.
New 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.
New 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.
New 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.
New 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.
New 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. Page 5 of 5
New law provides that a contract carrier shall allow an employee of DPS&C or its designee
access to a facility to determine compliance of new law and records or information related
to a motor vehicle accident investigation.
New law provides that the provisions of new 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.
New law provides that any person, corporation, or entity that violates the provisions of new
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 a separate and
distinct offense. In the event of continuing violations, each such violation shall constitute
a distinct and separate offense.
Effective August 1, 2013.
(Amends R.S. 32:1524; Adds R.S. 32:1524.1, 1524.2, and 1524.3)