HOUSE DOCKET, NO. 2829        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3283

The Commonwealth of Massachusetts

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PRESENTED BY:

Garrett J. Bradley

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to motor carrier railroad employees.

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PETITION OF:

HOUSE DOCKET, NO. 2829        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3283

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to motor carrier railroad employees.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 90 of the General Laws is hereby amended by adding the following section:-

Section 62. (a) For the purposes of this section the following terms shall, unless the context clearly appears otherwise, have the following meanings:-

“Motor carrier”, a person engaged in the for-hire transportation of passengers.

“Motor carrier of railroad employees”, a motor carrier engaged in the for-hire transportation of railroad employees of a class I or II common carrier, as defined in 49 CFR 1201.1-1.

“On-duty time” means all time at a terminal, facility, or other property of a contract carrier or on any public property waiting to be dispatched. On-duty time includes time spent inspecting, servicing, or conditioning the vehicle.

“Railroad employee”, an employee who performs regularly assigned duties either on a train; bridge, car float, lighter, or ferry used by or in connection with a railroad; road used by a rail carrier and owned by it or operated under an agreement; or switch, spur, track, terminal, facility, or ground, used or necessary for transportation.

(b) A motor carrier of railroad employees shall meet the following requirements:-

(1) implement a policy that provides for annual training and certification of the vehicle operator in:

(i) the safe operation of the vehicle transporting railroad employees;

(ii) knowing and understanding relevant laws, rules of the road, and safety policies;

(iii) handling emergency situations;

(iv) proper use of seat belts;

(v) performance of pre-trip and post-trip vehicle inspections, and inspection record keeping; and

(vi) proper maintenance of required records;

(2) perform a background check or background investigation of the vehicle operator;

(3) annually verify the vehicle operator's driver's license;

(4) document meeting the requirements in this section, and maintain the file at the carrier's business location;

(5) maintain liability insurance in a minimum amount of $5,000,000 regardless of the seating capacity of the vehicle; and

(6) maintain uninsured and underinsured coverage in a minimum amount of $1,000,000.

(c) An operator shall have a valid driver's license under chapter 90; submit to a physical examination; and comply with any program pursuant to subsection (g).

(d) If a person contracts with the motor carrier on behalf of the railroad to transport the railroad employees, then the insurance requirements may be satisfied by either that party or the motor carrier, so long as the motor carrier is a named insured or additional insured under any policy.

(e) A person who sustains a conviction of violating a serious traffic violation as defined in section 1 of chapter 90F or whose driver’s license is revoked or suspended under this chapter, or who is convicted of or has their driver's license revoked under a similar statute or ordinance of another state, shall not operate a vehicle under this section.

(f) An operator who sustains a conviction for any moving violation while employed by the carrier shall report the conviction to the carrier of railroad employees within 10 days of the date of the conviction.

(g) A motor carrier of railroad employees shall implement a mandatory alcohol and controlled substance testing program for every vehicle operator that consists of pre-employment testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty testing, and follow-up testing.

(h) A motor carrier of railroad employees shall not allow or require a vehicle operator to drive or remain on duty for more than: 10 hours after 8 consecutive hours off duty; 15 hours of combined on-duty time and drive time since last obtaining eight consecutive hours of off-duty time; or 70 hours of on-duty and drive time in any period of 8 consecutive days. After 24 hours off duty, a driver begins a new 7 consecutive day period and on-duty time is reset to zero.

(i) An operator who encounters an emergency and cannot, because of that emergency, safely complete a transportation assignment within the 10 hour maximum driving time permitted under subsection (h), may drive for not more than 2 additional hours in order to complete that transportation assignment or to reach a place offering safety for the occupants of the vehicle and security for the transport motor vehicle, if the transportation assignment reasonably could have been completed within the 10 hour period absent the emergency.

(j) A motor carrier of railroad employees shall maintain and retain for a period of 6 months accurate time records that show the time the driver reports for duty each day; the total number of hours of on-duty time for each driver for each day; the time the driver is released from duty each day; and the total number of hours driven each day.