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| To enact section 4923.30 of the Revised Code to | 1 |
| establish requirements for contract carriers that | 2 |
| transport railroad employees. | 3 |
| Section 1. That section 4923.30 of the Revised Code be | 4 |
| enacted to read as follows: | 5 |
| Sec. 4923.30. (A) This section applies to all contract | 6 |
| carriers that contract with a railroad company to transport | 7 |
| on-duty employees of that railroad within this state and from | 8 |
| within this state to other states. | 9 |
| (B) All vehicles a contract carrier uses to transport | 10 |
| railroad employees shall be equipped with adequate seating and | 11 |
| heating sources for the employees and a method whereby the | 12 |
| employees are able to communicate directly with the railroad | 13 |
| company. | 14 |
| (C) A contract carrier that contracts to transport railroad | 15 |
| employees shall do all of the following: | 16 |
| (1) Require each operator who transports railroad employees | 17 |
| to have a valid driver's license; | 18 |
| (2) Provide alcohol and drug screening under 49 C.F.R. Part | 19 |
| 40 for each operator who transports railroad employees; | 20 |
| (3) Conduct a criminal records check as described in section | 21 |
| 109.572 of the Revised Code of each person who transports railroad | 22 |
| employees; | 23 |
| (4) Require a completed application for employment from each | 24 |
| prospective vehicle operator who will transport railroad | 25 |
| employees; | 26 |
| (5) Conduct an annual review of the driving record of each | 27 |
| driver who transports railroad employees and maintain a personal | 28 |
| file that includes a driving record for each such driver; | 29 |
| (6) Limit the hours of service of a driver who transports | 30 |
| railroad employees to ten hours on-duty time following eight | 31 |
| consecutive hours off duty; | 32 |
| (7) Prohibit any driver from operating a vehicle that is | 33 |
| transporting railroad employees after the driver has been on duty | 34 |
| sixty hours in any seven consecutive days if the contract carrier | 35 |
| does not operate commercial motor vehicles every day of the week | 36 |
| or after the driver has been on duty seventy hours in any period | 37 |
| of eight consecutive days if the contract carrier operates | 38 |
| commercial motor vehicles every day of the week; | 39 |
| (8) Require the driver of a vehicle used to transport | 40 |
| railroad employees to inspect the vehicle at the beginning and end | 41 |
| of each day the vehicle is so used. Each inspection shall include | 42 |
| the completion of an inspection checklist in a manner and format | 43 |
| prescribed by the public utilities commission. The inspection | 44 |
| checklist constitutes a maintenance record, and the contract | 45 |
| carrier shall retain the inspection checklist for not less than | 46 |
| ninety days after the date of the inspection. | 47 |
| (9) Keep every vehicle used to transport railroad employees | 48 |
| in a safe and proper operating condition by maintaining the | 49 |
| vehicle according to the maintenance schedule recommended for that | 50 |
| vehicle by its manufacturer. The contract carrier shall maintain a | 51 |
| record of all maintenance and repairs performed on each such | 52 |
| vehicle and retain each record for not less than one year and six | 53 |
| months after the date of such maintenance or repair. | 54 |
| (10) Keep time records for six months indicating the time all | 55 |
| for-hire motor carrier drivers who operate vehicles that transport | 56 |
| railroad employees report for duty, the time of relief from duty, | 57 |
| the hours driven, and the hours on duty and off duty. | 58 |
| (D) The contract carrier shall make all records this section | 59 |
| requires the contract carrier to keep available for inspection | 60 |
| upon demand by the commission or the commission's designee. | 61 |
| (E) All motor vehicles a contract carrier uses to transport | 62 |
| railroad employees within this state and from within this state to | 63 |
| other states shall at a minimum meet all state and federal laws, | 64 |
| rules, and regulations pertaining to safe construction and | 65 |
| maintenance. The drivers of such motor vehicles shall operate them | 66 |
| in full compliance with all applicable state and federal laws, | 67 |
| rules, and regulations pertaining to their operation and the | 68 |
| transportation of passengers at all times. | 69 |
| (F) Each contract carrier shall maintain no-fault insurance | 70 |
| or liability insurance in an amount not less than five million | 71 |
| dollars for each vehicle it uses to transport railroad employees | 72 |
| that is designed by its manufacturer to carry sixteen or more | 73 |
| passengers and not less than one million five hundred thousand | 74 |
| dollars for each vehicle it uses to transport railroad employees | 75 |
| that is designed by its manufacturer to carry fifteen or fewer | 76 |
| passengers. Each such vehicle also shall meet all state and | 77 |
| federal requirements for safety devices, first-aid kits, and | 78 |
| sidewalls, canopies, tailgates, or other means of retaining | 79 |
| freight safely. | 80 |
| (G) The provisions of this section establish minimum | 81 |
| standards and shall not be construed to supersede or abrogate any | 82 |
| law, rule, or regulation that imposes stricter standards upon the | 83 |
| operation of contract carriers that transport railroad employees. | 84 |
| (H) The commission, in accordance with Chapter 119. of the | 85 |
| Revised Code, shall adopt rules to implement and administer this | 86 |
| section. | 87 |
| (I) Whoever violates any provision of this section or any | 88 |
| rule adopted by the commission pursuant to this section is subject | 89 |
| to section 4923.99 of the Revised Code. | 90 |