Bill Text: IN HB1090 | 2010 | Regular Session | Introduced
Bill Title: Intrastate motor carriers.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Interstate and International Cooperation [HB1090 Detail]
Download: Indiana-2010-HB1090-Introduced.html
Citations Affected: IC 8-2.1-24.
Synopsis: Intrastate motor carriers. Exempts certain intrastate private
carriers of persons or property, or both, from certain motor vehicle
marking requirements. Repeals and relocates language concerning
regulation of certain motor carriers and private carriers of property.
Makes corresponding changes. Makes a technical correction. Removes
outdated language.
Effective: Upon passage.
January 5, 2010, read first time and referred to Committee on Interstate and International
Cooperation.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
(b) Section 18 of this chapter applies to the regulation of the following persons:
(1) A motor carrier described in subsection (a).
(2) A private carrier of persons or property, or both.
Intrastate motor carriers subject to compliance reviews under 49 CFR
385 shall be selected according to criteria determined by the
superintendent which must include but are not limited to factors such
as previous history of violations found in roadside compliance checks
and other recorded violations. However, the provisions of 49 CFR 395
that regulate the hours of service of drivers, including requirements for
the maintenance of logs, do not apply to a driver of a truck that is
registered by the bureau of motor vehicles and used as a farm truck
under IC 9-18, or a vehicle operated in intrastate construction or
construction related service, or the restoration of public utility services
interrupted by an emergency. Except as provided in subsection (i):
(1) intrastate motor carriers not operating under authority issued
by the United States Department of Transportation shall comply
with the requirements of 49 CFR 390.21(b)(3) by registering with
the department of state revenue as an intrastate motor carrier and
displaying the certification number issued by the department of
state revenue preceded by the letters "IN"; Except as provided in
subsection (i), and
(2) all other requirements of 49 CFR 390.21 apply equally to
interstate and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
through 178, and 180, are incorporated into Indiana law by reference,
and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this
subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and
nonbulk packaging, including cargo tank motor vehicles, may be used
only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three
thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel
oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
of these substances.
All additional federal standards for the safe transportation of hazardous
materials apply until July 1, 2000. After June 30, 2000, the
Maintenance, inspection, and marking requirements of 49 CFR 173.8
and Part 180 are applicable. In accordance with federal hazardous
materials regulations, new or additional nonspecification cargo tank
motor vehicles may not be placed in service under this subsection. after
June 30, 1998.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector
who:
(A) has successfully completed a course of instruction
approved by the United States Department of Transportation;
and
(B) maintains an acceptable competency level as established
by the state police department; or
(2) an employee of a law enforcement agency who:
(A) before January 1, 1991, has successfully completed a
course of instruction approved by the United States
Department of Transportation; and
(B) maintains an acceptable competency level as established
by the state police department;
on the enforcement of 49 CFR, may, upon demand, inspect the
books, accounts, papers, records, memoranda, equipment, and
premises of any carrier, including a carrier exempt under section
3 of this chapter.
(e) A person hired before September 1, 1985, who operates a motor
vehicle intrastate incidentally to the person's normal employment duties
and who is not employed as a chauffeur (as defined in IC 9-13-2-21(a))
is exempt from 49 CFR 391 as incorporated by this section.
(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a
person at least eighteen (18) years of age and less than twenty-one (21)
years of age may be employed as a driver to operate a commercial
motor vehicle intrastate. However, a person employed under this
subsection is not exempt from any other provision of 49 CFR 391.
(g) Notwithstanding subsection (a) or (b), the following provisions
of 49 CFR do not apply to private carriers of property operated only in
intrastate commerce or any carriers of property operated only in
intrastate commerce while employed in construction or construction
related service:
(1) Subpart 391.41(b)(3) as it applies to physical qualifications of
a driver who has been diagnosed as an insulin dependent diabetic,
if the driver has applied for and been granted an intrastate
medical waiver by the bureau of motor vehicles pursuant to this
subsection. The same standards and the following procedures
shall apply for this waiver whether or not the driver is required to
hold a commercial driver's license. An application for the waiver
shall be submitted by the driver and completed and signed by a
certified endocrinologist or the driver's treating physician
attesting that the driver:
(A) is not otherwise physically disqualified under Subpart
391.41 to operate a motor vehicle, whether or not any
additional disqualifying condition results from the diabetic
condition, and is not likely to suffer any diminution in driving
ability due to the driver's diabetic condition;
(B) is free of severe hypoglycemia or hypoglycemia
unawareness and has had less than one (1) documented,
symptomatic hypoglycemic reaction per month;
(C) has demonstrated the ability and willingness to properly
monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's or treating
physician's knowledge, has carried a source of rapidly
absorbable glucose at all times while driving a motor vehicle,
has self monitored blood glucose levels one (1) hour before
driving and at least once every four (4) hours while driving or
on duty before driving using a portable glucose monitoring
device equipped with a computerized memory; and
(E) has submitted the blood glucose logs from the monitoring
device to the endocrinologist or treating physician at the time
of the annual medical examination.
A copy of the blood glucose logs shall be filed along with the
annual statement from the endocrinologist or treating physician
with the bureau of motor vehicles for review by the driver
licensing medical advisory board established under IC 9-14-4. A
copy of the annual statement shall also be provided to the driver's
employer for retention in the driver's qualification file, and a copy
shall be retained and held by the driver while driving for
presentation to an authorized federal, state, or local law
enforcement official. Notwithstanding the requirements of this
subdivision, the endocrinologist, the treating physician, the
advisory board of the bureau of motor vehicles, or the bureau of
motor vehicles may, where medical indications warrant, establish
a short period for the medical examinations required under this
subdivision.
(2) Subpart 396.9 as it applies to inspection of vehicles carrying
or loaded with a perishable product. However, this exemption
does not prohibit a law enforcement officer from stopping these
vehicles for an obvious violation that poses an imminent threat of
an accident or incident. The exemption is not intended to include
refrigerated vehicles loaded with perishables when the
refrigeration unit is working.
(3) Subpart 396.11 as it applies to driver vehicle inspection
reports.
(4) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(l), 49 CFR 395.1(k)(2), "planting
and harvesting season" refers to the period between January 1 and
December 31 of each year. The intrastate commerce exception set forth
in 49 CFR 395.1(l), 49 CFR 395.1(k), as it applies to the transportation
of agricultural commodities and farm supplies, is restricted to single
vehicles and cargo tank motor vehicles with a capacity of not more than
five thousand four hundred (5,400) gallons.
(i) The requirements of 49 CFR 390.21 do not apply to an intrastate
motor carrier:
(1) or a guest operator not engaged in interstate commerce and
operating a motor vehicle as a farm vehicle in connection with
agricultural pursuits usual and normal to the user's farming
operation or for personal purposes unless the vehicle is operated
either part time or incidentally in the conduct of a commercial
enterprise; or
(2) operating a motor vehicle exclusively in intrastate
commerce that does not have a gross vehicle weight, gross
vehicle weight rating, gross combination weight, or gross
combination weight rating with a gross combination weight
rating of equal to or less than twenty-six thousand one
(26,001) pounds. However, the motor vehicle may not be:
(A) used to provide for-hire transport;
(B) designed or used to transport sixteen (16) or more
passengers, including the driver; or
(C) used to transport hazardous material in amounts
requiring a placard.
(j) The superintendent of state police may adopt rules under
IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by
reference under this section.
