PRINTER'S NO. 2792

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1090

Session of

2015

INTRODUCED BY PETRARCA, KOTIK, MILNE, COHEN, GERGELY, D. COSTA,

YOUNGBLOOD, HARHAI, DeLUCA, ROZZI, THOMAS, KORTZ AND BARRAR,

FEBRUARY 2, 2016

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 27 of Title 66 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter heading

to read:

Section 2. Chapter 27 of Title 66 is amended by adding a

subchapter to read:

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2714. Driver testing.

2715. Vehicle inspection.

2716. Maintenance and repair program.

2717. Access to facilities and records.

2718. Liability protection.

2719. Penalties.

2720. Right of railroad to contract.

§ 2711. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

property of a contract carrier or on any public property waiting

to be dispatched. The term includes time spent inspecting,

servicing or conditioning the vehicle, unless the driver has

been relieved from duty by the contract carrier.

§ 2712. Driver qualification file.

(a) Duty.--A contract carrier shall maintain a driver

qualification file for each driver it employs. The driver

qualification file may be combined with the personnel file of

the employee.

(b) Contents.--The driver qualification file shall include:

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driving record has been reviewed at least once per year.

(3) Documentation related to the driver's violation of

motor vehicle laws or ordinances, if applicable.

(4) Other documentation related to the driver's

qualification or ability to drive a motor vehicle.

(5) The driver's application for employment as provided

under 49 CFR 391.21 (relating to application for employment).

(6) Responses from previous employers, if required by

the current employer.

(7) A certificate of the driver's road test or a copy of

(b) Contract carrier duties.--

(1) A contract carrier shall not allow or require a

driver to drive or remain on duty for more than:

(i) ten hours after eight consecutive hours off

duty;

(ii) fifteen hours of combined on-duty time and

drive time since last obtaining eight consecutive hours

of off-duty time; or

(iii) seventy hours of on-duty and drive time in any

period of eight consecutive days.

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complete a transportation assignment within the 10-hour

maximum driving time permitted under this section may drive

and be permitted or required to drive a transport motor

vehicle for not more than two additional hours in order to

complete that transportation assignment or to reach a place

offering safety for the occupants of the transport motor

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.

(c) Records.--A contract carrier shall maintain and retain

§ 2714. Driver testing.

(a) Testing.--Before a driver performs any duties for a

contract carrier, the driver shall undergo testing for alcohol

and controlled substances as provided under 49 CFR Pts. 40

(relating to procedures for transportation workplace drug and

alcohol testing programs) and 382 (relating to controlled

substances and alcohol use and testing), as in effect on January

1, 2009.

(b) Qualifications.--A driver is qualified to drive for a

contract carrier if:

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to what do the terms used in this part mean?), as in effect

on January 1, 2009, indicates a verified negative test

result.

(c) Disqualification.--A driver is disqualified from driving

for a contract carrier if:

(1) the alcohol test result and the controlled

substances test result are not in compliance with subsection

(b);

(2) the driver refuses to provide a specimen for an

alcohol test result or the controlled substances test result

(1) As soon as practicable after an accident involving a

motor vehicle owned or operated by a contract carrier, the

contract carrier shall test each surviving driver for alcohol

and controlled substances if:

(i) the accident involved the loss of human life; or

(ii) the driver received a citation for a moving

traffic violation arising from the accident and the

accident involved:

(A) bodily injury to a person who immediately

received medical treatment after the accident; or

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cannot be completed as soon as possible, but not later than

32 hours after the accident, the records shall be submitted

to the Pennsylvania State Police.

(e) Records.--A common carrier or the employer of a driver

of a common carrier shall maintain records of the alcohol

testing and controlled substances testing of drivers for five

years. The records shall be maintained in a secure location.

§ 2715. Vehicle inspection.

(a) Duty of contract carrier.--A contract carrier shall

inspect or cause to be inspected a motor vehicle that it

States Department of Transportation under 49 CFR 396.17

(relating to periodic inspection).

(c) Performance of inspections.--The inspection under this

section shall be performed by an individual who is qualified to

perform the inspection as prescribed in 49 CFR 396.19 (relating

to inspector qualifications), as in effect on January 1, 2009.

(d) Written motor vehicle report.--A contract carrier shall

require each of its drivers to complete a written motor vehicle

report upon completion of each day's work on the motor vehicle

that the driver operated as prescribed under 49 CFR 396.11

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establish a maintenance and repair program to include at least

weekly inspections under this section.

(b) Requirements for program.--A contract carrier's

maintenance and repair program shall include checking parts and

accessories for safety and proper operation at all times,

including the items under subsection (c) and overall cleanliness

of the motor vehicle.

(c) Requirements for motor vehicles.--A motor vehicle used

by a contract carrier shall have:

(1) Tires with sufficient tread as prescribed under 49

seats.

(5) If the weather requires it, traction devices, studs

or chains.

(6) A heater and air conditioner that is properly

working with properly working fans.

(7) An emergency road kit that contains at least a tire

inflating aerosol can, flares or reflective triangles, jumper

cables and a fire extinguisher.

(d) Operation prohibition.--A motor vehicle shall not be

operated in a condition that is likely to cause an accident or

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(2) The records shall include:

(i) Identifying information for the motor vehicle to

include the vehicle identification number, make, year

manufactured and company identification number if one is

provided.

(ii) Owner information if the contract carrier is

not the owner of the vehicle.

(iii) The history of inspections, repairs and

maintenance that describe the activity and the date the

activity was performed.

for six months.

(f) Requirements.--A contract carrier and its officers,

drivers, agents and employees who are concerned with the

inspection or maintenance of motor vehicles shall comply with

and be knowledgeable of the contract carrier's maintenance and

repair program established under this section.

§ 2717. Access to facilities and records.

A contract carrier shall allow an employee of the

Pennsylvania State Police or its designee access to:

(1) A facility to determine compliance with this

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A contract carrier shall obtain and maintain an insurance

policy of $5,000,000 for each motor vehicle that transports

railroad employees.

§ 2719. Penalties.

(a) Violations.--A person who knowingly violates a provision

of this subchapter is liable to the Commonwealth for a civil

penalty not to exceed $1,000 for each violation. Each day that a

violation continues is a separate offense.

(b) Pennsylvania State Police.--The Pennsylvania State

Police shall assess penalties for violations under this

offenses, ability to pay and effect on the ability to

continue to do business of the person found to have committed

a violation.

(3) Other circumstances as justice may require.

§ 2720. Right of railroad to contract.

(a) Intent and construction.--This subchapter is not

intended to limit, and shall not be construed as limiting, the

right of a railroad to contract with a contract carrier that

certifies to the railroad that it is in compliance with the

provisions of this subchapter or any applicable Federal

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