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Senate Bill 1320

Senate Bill sb1320

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1320

    By Senator Lynn





    7-727-04

  1                      A bill to be entitled

  2         An act relating to commercial motor vehicles;

  3         amending s. 316.302, F.S.; deleting certain

  4         exemptions relating to compliance with federal

  5         regulations for persons who operate commercial

  6         motor vehicles solely in intrastate commerce;

  7         providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsections (1) and (2) of section 316.302,

12  Florida Statutes, are amended to read:

13         316.302  Commercial motor vehicles; safety regulations;

14  transporters and shippers of hazardous materials;

15  enforcement.--

16         (1)(a)  All owners and drivers of commercial motor

17  vehicles that are operated on the public highways of this

18  state while engaged in interstate commerce are subject to the

19  rules and regulations contained in 49 C.F.R. parts 382, 385,

20  and 390-397.

21         (b)  Except as otherwise provided in this section, All

22  owners or drivers of commercial motor vehicles that are

23  engaged in intrastate commerce are subject to the rules and

24  regulations contained in 49 C.F.R. parts 382, 385, and

25  390-397, with the exception of 49 C.F.R. s. 390.5 as it

26  relates to the definition of bus, as such rules and

27  regulations existed on October 1, 2002.

28         (c)  Except as provided in s. 316.215(5), and except as

29  provided in s. 316.228 for rear overhang lighting and flagging

30  requirements for intrastate operations, the requirements of

31  

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    Florida Senate - 2004                                  SB 1320
    7-727-04




 1  this section supersede all other safety requirements of this

 2  chapter for commercial motor vehicles.

 3         (2)(a)  A person who operates a commercial motor

 4  vehicle solely in intrastate commerce not transporting any

 5  hazardous material in amounts that require placarding pursuant

 6  to 49 C.F.R. part 172 need not comply with 49 C.F.R. ss.

 7  391.11(b)(1) and 395.3(a) and (b).

 8         (b)  A person who operates a commercial motor vehicle

 9  solely in intrastate commerce not transporting any hazardous

10  material in amounts that require placarding pursuant to 49

11  C.F.R. part 172 is exempt from 49 C.F.R. s. 395.3(a) and (b)

12  and may, after 8 hours' rest, and following the required

13  initial motor vehicle inspection, be permitted to drive any

14  part of the first 15 on-duty hours in any 24-hour period, but

15  may not be permitted to operate a commercial motor vehicle

16  after that until the requirement of another 8 hours' rest has

17  been fulfilled. The provisions of this paragraph do not apply

18  to drivers of public utility vehicles or authorized emergency

19  vehicles during periods of severe weather or other

20  emergencies.

21         (c)  A person who operates a commercial motor vehicle

22  solely in intrastate commerce not transporting any hazardous

23  material in amounts that require placarding pursuant to 49

24  C.F.R. part 172 may not be on duty more than 72 hours in any

25  period of 7 consecutive days, but carriers operating every day

26  in a week may permit drivers to remain on duty for a total of

27  not more than 84 hours in any period of 8 consecutive days;

28  however, 24 consecutive hours off duty shall constitute the

29  end of any such period of 7 or 8 consecutive days. This weekly

30  limit does not apply to a person who operates a commercial

31  motor vehicle solely within this state while transporting,

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    Florida Senate - 2004                                  SB 1320
    7-727-04




 1  during harvest periods, any unprocessed agricultural products

 2  that are subject to seasonal harvesting from place of harvest

 3  to the first place of processing or storage or from place of

 4  harvest directly to market. Upon request of the Department of

 5  Transportation, motor carriers shall furnish time records or

 6  other written verification to that department so that the

 7  Department of Transportation can determine compliance with

 8  this subsection. These time records must be furnished to the

 9  Department of Transportation within 10 days after receipt of

10  that department's request. Falsification of such information

11  is subject to a civil penalty not to exceed $100. The

12  provisions of this paragraph do not apply to drivers of public

13  utility vehicles or authorized emergency vehicles during

14  periods of severe weather or other emergencies.

15         (d)  A person who operates a commercial motor vehicle

16  solely in intrastate commerce not transporting any hazardous

17  material in amounts that require placarding pursuant to 49

18  C.F.R. part 172 within a 200 air-mile radius of the location

19  where the vehicle is based need not comply with 49 C.F.R. s.

20  395.8, except that time records shall be maintained as

21  prescribed in 49 C.F.R. s. 395.1(e)(5).

22         (e)  A person who operates a commercial motor vehicle

23  solely in intrastate commerce is exempt from subsection (1)

24  while transporting agricultural products, including

25  horticultural or forestry products, from farm or harvest place

26  to the first place of processing or storage, or from farm or

27  harvest place directly to market. However, such person must

28  comply with 49 C.F.R. parts 382, 392, and 393, and with 49

29  C.F.R. ss. 396.3(a)(1) and 396.9. A vehicle or combination of

30  vehicles operated pursuant to this paragraph having a gross

31  vehicle weight of 26,001 pounds or more or having three or

                                  3

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    Florida Senate - 2004                                  SB 1320
    7-727-04




 1  more axles on the power unit, regardless of weight, must

 2  display the name of the vehicle owner or motor carrier and the

 3  municipality or town where the vehicle is based on each side

 4  of the power unit in letters that contrast with the background

 5  and that are readable from a distance of 50 feet. A person who

 6  violates this vehicle identification requirement may be

 7  assessed a penalty as provided in s. 316.3025(3)(a).

 8         (f)  A person who operates a commercial motor vehicle

 9  having a declared gross vehicle weight of less than 26,000

10  pounds solely in intrastate commerce and who is not

11  transporting hazardous materials in amounts that require

12  placarding pursuant to 49 C.F.R. part 172, or who is

13  transporting petroleum products as defined in s. 376.301(31),

14  is exempt from subsection (1). However, such person must

15  comply with 49 C.F.R. parts 382, 392, and 393, and with 49

16  C.F.R. ss. 396.3(a)(1) and 396.9.

17         (g)  A person whose driving record shows no convictions

18  for the preceding 3 years and who, as of October 1, 1988, is

19  employed as a driver-salesperson, as defined in 49 C.F.R. s.

20  395.2, and who operates solely in intrastate commerce, is

21  exempt from 49 C.F.R. part 391.

22         (h)  A person who is an employee of an electric

23  utility, as defined in s. 361.11, or a telephone company, as

24  defined in s. 364.02, and who operates a commercial motor

25  vehicle solely in intrastate commerce and within a 200

26  air-mile radius of the location where the vehicle is based, is

27  exempt from 49 C.F.R. ss. 396.11 and 396.13 and 49 C.F.R. part

28  391, subparts D and E.

29         (i)  A person who was a regularly employed driver of a

30  commercial motor vehicle on July 4, 1987, and whose driving

31  record shows no traffic convictions, pursuant to s. 322.61,

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    Florida Senate - 2004                                  SB 1320
    7-727-04




 1  during the 2-year period immediately preceding the application

 2  for the commercial driver's license, and who is otherwise

 3  qualified as a driver under 49 C.F.R. part 391, and who

 4  operates a commercial vehicle in intrastate commerce only,

 5  shall be exempt from the requirements of 49 C.F.R. part 391,

 6  subpart E, s. 391.41(b)(10). However, such operators are still

 7  subject to the requirements of ss. 322.12 and 322.121.  As

 8  proof of eligibility such driver shall have in his or her

 9  possession a physical examination form dated within the past

10  24 months.

11         (j)  A person who is otherwise qualified as a driver

12  under 49 C.F.R. part 391, who operates a commercial motor

13  vehicle in intrastate commerce only, and who does not

14  transport hazardous materials in amounts that require

15  placarding pursuant to 49 C.F.R. part 172, is exempt from the

16  requirements of 49 C.F.R. part 391, subpart E, ss.

17  391.41(b)(3) and 391.43(e), relating to diabetes.

18         (d)(k)  A person holding a commercial driver's license

19  who is a regularly employed driver of a commercial motor

20  vehicle and is subject to an alcohol and controlled substance

21  testing program related to that employment shall not be

22  required to be part of a separate testing program for

23  operating any bus owned and operated by a church when the

24  driver does not receive any form of compensation for operating

25  the bus and when the bus is used to transport people to or

26  from church-related activities at no charge. The provisions of

27  this paragraph may not be implemented if the Federal

28  Government notifies the department that implementation will

29  adversely affect the allocation of federal funds to the state.

30         Section 2.  This act shall take effect July 1, 2004.

31  

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    Florida Senate - 2004                                  SB 1320
    7-727-04




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 2                          SENATE SUMMARY

 3    Deletes exemptions from compliance with federal
      regulations for persons who operate commercial motor
 4    vehicles solely in intrastate commerce.

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