Bill Text: FL S1046 | 2016 | Regular Session | Enrolled

Bill Title: Farm Vehicles

Spectrum: Bipartisan Bill

Status: (Passed) 2016-03-25 - Chapter No. 2016-115 [S1046 Detail]

Download: Florida-2016-S1046-Enrolled.html
       2016 Legislature                                  CS for SB 1046
    2         An act relating to farm vehicles; amending s. 316.003,
    3         F.S.; defining the term “covered farm vehicle” for
    4         purposes of the Florida Uniform Traffic Control Law;
    5         amending s. 316.302, F.S.; providing exemptions for
    6         covered farm vehicles and the operators of such
    7         vehicles from specified federal regulations relating
    8         to controlled substances and alcohol use and testing,
    9         commercial driver licenses, physical qualifications
   10         and examinations, hours of service of drivers, and
   11         inspection, repair, and maintenance when operating
   12         under certain conditions, notwithstanding specified
   13         statutory provisions; providing applicability;
   14         conforming a cross-reference; amending s. 322.53,
   15         F.S.; exempting the driver of a covered farm vehicle
   16         from commercial driver license requirements; amending
   17         ss. 316.3025 and 316.3026, F.S.; conforming cross
   18         references; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (94) is added to section 316.003,
   23  Florida Statutes, to read:
   24         316.003 Definitions.—The following words and phrases, when
   25  used in this chapter, shall have the meanings respectively
   26  ascribed to them in this section, except where the context
   27  otherwise requires:
   28         (94) COVERED FARM VEHICLE.—A straight truck, or an
   29  articulated vehicle, which is all of the following:
   30         (a) Registered in a state with a license plate, or any
   31  other designation issued by that state, which allows law
   32  enforcement officers to identify it as a farm vehicle.
   33         (b) Operated by the owner or operator of a farm or ranch or
   34  by an employee or a family member of an owner or operator of a
   35  farm or ranch in accordance with s. 316.302(3).
   36         (c) Used to transport agricultural commodities, livestock,
   37  machinery, or supplies to or from a farm or ranch.
   38         (d) Not used in for-hire motor carrier operations; however,
   39  for-hire motor carrier operations do not include the operation
   40  of a vehicle meeting the requirements of paragraphs (a)-(c) by a
   41  tenant pursuant to a crop-share farm lease agreement to
   42  transport the landlord’s portion of the crops under that
   43  agreement.
   44         Section 2. Present subsections (3) through (12) of section
   45  316.302, Florida Statutes, are renumbered as subsections (4)
   46  through (13), respectively, a new subsection (3) is added to
   47  that section, and paragraph (a) of present subsection (8) is
   48  amended, to read:
   49         316.302 Commercial motor vehicles; safety regulations;
   50  transporters and shippers of hazardous materials; enforcement.—
   51         (3) Notwithstanding any contrary provision in subsections
   52  (1) and (2), a covered farm vehicle, as defined in s. 316.003,
   53  and the operator of such vehicle are exempt from the
   54  requirements relating to controlled substances and alcohol use
   55  and testing in 49 C.F.R. part 382; commercial driver licenses in
   56  49 C.F.R. part 383; physical qualifications and examinations in
   57  49 C.F.R. part 391, subpart E; hours of service of drivers in 49
   58  C.F.R. part 395; and inspection, repair, and maintenance in 49
   59  C.F.R. part 396, when operating:
   60         (a) Anywhere in this state if the covered farm vehicle has
   61  a gross vehicle weight or gross vehicle weight rating, whichever
   62  is greater, of 26,001 pounds or less.
   63         (b) Anywhere in the state of registration, or across state
   64  lines within 150 air miles of the farm or ranch with respect to
   65  which the vehicle is being operated, if the covered farm vehicle
   66  has a gross vehicle weight or gross vehicle weight rating,
   67  whichever is greater, of more than 26,001 pounds.
   69  The provisions in this subsection do not apply to a vehicle
   70  transporting hazardous materials in amounts that require
   71  placarding pursuant to 49 C.F.R. part 172.
   72         (9)(8) For the purpose of enforcing this section, any law
   73  enforcement officer of the Department of Highway Safety and
   74  Motor Vehicles or duly appointed agent who holds a current
   75  safety inspector certification from the Commercial Vehicle
   76  Safety Alliance may require the driver of any commercial vehicle
   77  operated on the highways of this state to stop and submit to an
   78  inspection of the vehicle or the driver’s records. If the
   79  vehicle or driver is found to be operating in an unsafe
   80  condition, or if any required part or equipment is not present
   81  or is not in proper repair or adjustment, and the continued
   82  operation would present an unduly hazardous operating condition,
   83  the officer may require the vehicle or the driver to be removed
   84  from service pursuant to the North American Standard Out-of
   85  Service Criteria, until corrected. However, if continuous
   86  operation would not present an unduly hazardous operating
   87  condition, the officer may give written notice requiring
   88  correction of the condition within 14 days.
   89         (a) Any member of the Florida Highway Patrol or any law
   90  enforcement officer employed by a sheriff’s office or municipal
   91  police department authorized to enforce the traffic laws of this
   92  state pursuant to s. 316.640 who has reason to believe that a
   93  vehicle or driver is operating in an unsafe condition may, as
   94  provided in subsection (11) (10), enforce the provisions of this
   95  section.
   96         Section 3. Paragraph (c) of subsection (2) of section
   97  322.53, Florida Statutes, is amended to read:
   98         322.53 License required; exemptions.—
   99         (2) The following persons are exempt from the requirement
  100  to obtain a commercial driver license:
  101         (c)1. Farmers transporting agricultural products, farm
  102  supplies, or farm machinery to or from their farms and within
  103  150 miles of their farms, if the vehicle operated under this
  104  exemption is not used in the operations of a common or contract
  105  motor carrier.
  106         2. Drivers of covered farm vehicles, as defined in s.
  107  316.003, if the vehicles are operated in accordance with s.
  108  316.302(3).
  109         Section 4. Paragraph (e) of subsection (3) of section
  110  316.3025, Florida Statutes, is amended to read:
  111         316.3025 Penalties.—
  112         (3)
  113         (e) A civil penalty not to exceed $5,000 in the aggregate
  114  may be assessed for violations found in the conduct of
  115  compliance reviews pursuant to s. 316.302(6) s. 316.302(5). A
  116  civil penalty not to exceed $25,000 in the aggregate may be
  117  assessed for violations found in a followup compliance review
  118  conducted within a 24-month period. A civil penalty not to
  119  exceed $25,000 in the aggregate may be assessed and the motor
  120  carrier may be enjoined pursuant to s. 316.3026 if violations
  121  are found after a second followup compliance review within 12
  122  months after the first followup compliance review. Motor
  123  carriers found to be operating without insurance required by s.
  124  627.7415 may be enjoined as provided in s. 316.3026.
  125         Section 5. Subsection (1) of section 316.3026, Florida
  126  Statutes, is amended to read:
  127         316.3026 Unlawful operation of motor carriers.—
  128         (1) The Office of Commercial Vehicle Enforcement may issue
  129  out-of-service orders to motor carriers, as defined in s.
  130  320.01, who, after proper notice, have failed to pay any penalty
  131  or fine assessed by the department, or its agent, against any
  132  owner or motor carrier for violations of state law, refused to
  133  submit to a compliance review and provide records pursuant to s.
  134  316.302(6) s. 316.302(5) or s. 316.70, or violated safety
  135  regulations pursuant to s. 316.302 or insurance requirements in
  136  s. 627.7415. Such out-of-service orders have the effect of
  137  prohibiting the operations of any motor vehicles owned, leased,
  138  or otherwise operated by the motor carrier upon the roadways of
  139  this state, until the violations have been corrected or
  140  penalties have been paid. Out-of-service orders must be approved
  141  by the director of the Division of the Florida Highway Patrol or
  142  his or her designee. An administrative hearing pursuant to s.
  143  120.569 shall be afforded to motor carriers subject to such
  144  orders.
  145         Section 6. This act shall take effect July 1, 2016.