Print Friendly HOUSE BILL NO. 199 – RR crossing violatn/commercial MV
HOUSE BILL NO. 199
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H0199.........................................by TRANSPORTATION AND DEFENSE
RAILROAD CROSSINGS - Amends existing law to provide penalties for
commercial motor vehicle operators and employers of such operators if
convicted of a violation of a law pertaining to railroad-highway grade
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 199
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL DRIVER'S LICENSE; AMENDING SECTION 49-335, IDAHO CODE,
3 TO PROVIDE FOR DISQUALIFICATION OF A COMMERCIAL MOTOR VEHICLE OPERATOR IF
4 THE OPERATOR IS CONVICTED OF A RAILROAD-HIGHWAY GRADE CROSSING VIOLATION
5 WHILE OPERATING A COMMERCIAL MOTOR VEHICLE; AND AMENDING SECTION 49-337,
6 IDAHO CODE, TO PROVIDE THAT THE EMPLOYER OF A COMMERCIAL MOTOR VEHICLE
7 OPERATOR IS SUBJECT TO A CIVIL PENALTY IF THE EMPLOYER IS CONVICTED OF
8 KNOWINGLY ALLOWING, PERMITTING, REQUIRING OR AUTHORIZING THE EMPLOYEE TO
9 VIOLATE A FEDERAL, STATE OR LOCAL LAW OR REGULATION PERTAINING TO
10 RAILROAD-HIGHWAY GRADE CROSSINGS AND TO MAKE TECHNICAL CORRECTIONS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 49-335, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 49-335. DISQUALIFICATIONS AND PENALTIES -- COMMERCIAL DRIVER'S LICENSE.
15 (1) Any person who operates a commercial motor vehicle and who holds a class
16 A, B or C driver's license is disqualified from operating a commercial motor
17 vehicle for a period of not less than one (1) year if convicted in the form of
18 a judgment or withheld judgment of a first violation under any state or fed-
19 eral law of:
20 (a) Operating a commercial motor vehicle while under the influence of
21 alcohol or a controlled substance;
22 (b) Operating a commercial motor vehicle while the alcohol concentration
23 of the person's blood, breath or bodily substance is 0.04 or more;
24 (c) Leaving the scene of an accident involving a commercial motor vehicle
25 driven by the person;
26 (d) Using a commercial motor vehicle in the commission of any felony.
27 (2) Any person who operates a commercial motor vehicle and who holds a
28 class A, B or C driver's license is disqualified from operating a commercial
29 motor vehicle for a period of not less than one (1) year if the person refuses
30 to submit to a test to determine the driver's alcohol concentration while
31 operating a commercial motor vehicle.
32 (3) If any of the offenses specified in subsection (1) or (2) of this
33 section occurred while transporting a hazardous material required to be
34 placarded, the person is disqualified for a period of not less than three (3)
36 (4) A person is disqualified for the period of time specified in 49 CFR
37 part 383 if found to have committed two (2) or more of any of the offenses
38 specified in subsection (1) or (2) of this section, or any combination of
39 those offenses, arising from two (2) or more separate incidents.
40 (5) A person is disqualified for the period of time specified in 49 CFR
41 part 383 from operating a commercial motor vehicle who uses a commercial motor
42 vehicle in the commission of any felony involving the manufacture, distribu-
43 tion, or dispensing of a controlled substance, or possession of a controlled
1 substance with the intent to manufacture, distribute or dispense such con-
2 trolled substance.
3 (6) A person is disqualified from operating a commercial motor vehicle
4 for a period of not less than sixty (60) days if convicted of two (2) serious
5 traffic violations, or one hundred twenty (120) days if convicted of three
6 (3) serious traffic violations, committed in a commercial motor vehicle aris-
7 ing from separate incidents occurring within a three (3) year period.
8 (7) A person who drives, operates, or is in physical control of a commer-
9 cial motor vehicle within this state while having any detectable amount of
10 alcohol in his system or who refuses to submit to an alcohol test must be
11 placed out of service for twenty-four (24) hours and be subject to the provi-
12 sions of section 18-8002, Idaho Code.
13 (8) A person who is convicted in the form of a judgment or withheld judg-
14 ment of a violation of an out-of-service order while driving a commercial
15 motor vehicle is disqualified for not less than:
16 (a) Ninety (90) days nor more than one (1) year for a first conviction;
17 (b) One (1) year nor more than five (5) years for a second conviction
18 arising from separate incidents during any ten (10) year period;
19 (c) Three (3) years nor more than five (5) years for three (3) or more
20 convictions arising from separate incidents during any ten (10) year
22 (9) A person who is convicted in the form of a judgment or withheld judg-
23 ment of a violation of an out-of-service order while driving a commercial
24 motor vehicle and while transporting hazardous materials required to be
25 placarded under the hazardous materials transportation act, or while operating
26 motor vehicles designed to transport sixteen (16) or more people including the
27 driver, is disqualified for not less than:
28 (a) One hundred eighty (180) days nor more than two (2) years for a first
30 (b) Three (3) years nor more than five (5) years for subsequent convic-
31 tions arising from separate incidents in any ten (10) year period.
32 (10) A person is disqualified from operating a commercial motor vehicle if
33 convicted of a railroad-highway grade crossing violation as specified in 49
34 CFR part 383 while operating a commercial motor vehicle. The disqualification
35 shall be for a period of:
36 (a) Sixty (60) days for a first conviction.
37 (b) One hundred twenty (120) days for a second conviction during any
38 three (3) year period.
39 (c) One (1) year for a third or subsequent conviction during any three
40 (3) year period.
41 SECTION 2. That Section 49-337, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 49-337. EMPLOYEE AND EMPLOYER RESPONSIBILITIES. (1) Any operator of a
44 commercial motor vehicle holding a class A, B or C driver's license issued by
45 this state, and who is convicted of violating any state law or local ordinance
46 in any other state relating to motor vehicle traffic control, other than park-
47 ing violations, shall notify the department of the conviction in the manner
48 specified by the department within thirty (30) days of the date of conviction.
49 (2) Any operator of a commercial motor vehicle holding a class A, B or C
50 driver's license issued by this state, and who is convicted of violating any
51 state law or local ordinance relating to motor vehicle traffic control in this
52 or any other state, other than parking violations, shall notify his employer
53 in writing of the conviction within thirty (30) days of the date of convic-
2 (3) Each employee whose class A, B or C driver's license is suspended,
3 revoked, denied, refused or cancelled canceled by this state or who loses the
4 privilege to operate a commercial motor vehicle in any state for any period,
5 or who is disqualified from operating a commercial motor vehicle for any
6 period, shall notify his employer of that fact before the end of the business
7 day following the day the employee received notice of that fact.
8 (4) Each person who applies for employment as an operator of a commercial
9 motor vehicle with an employer shall provide notification to the employer, at
10 the time of application, of his previous employment as an operator of a com-
11 mercial motor vehicle. The period of previous employment of which notification
12 must be given shall be the ten (10) year period ending on the date of applica-
13 tion for employment.
14 (5) No employer shall knowingly allow, permit, require or authorize an
15 employee to operate a commercial motor vehicle in the United States: during
16 any period:
17 (a) During any period i In which the employee has a driver's license sus-
18 pended, revoked or cancelled canceled by a state, has lost the privilege
19 to operate a commercial motor vehicle in a state or has been disqualified
20 from operating a commercial motor vehicle; or
21 (b) During any period i In which the employee has more than one (1)
22 driver's license; or
23 (c) During any period i In which the employee, or the motor vehicle being
24 driven, or the motor carrier operation, is subject to an out-of-service
25 order; or
26 (d) In violation of a federal, state or local law or regulation pertain-
27 ing to railroad-highway grade crossings. An employer who is convicted of a
28 violation of this subsection (d) shall, in addition to the general penal-
29 ties provided for in this title, be subject to a civil penalty of not more
30 than ten thousand dollars ($10,000).
31 (6) Each employer shall require the information specified in subsection
32 (4) of this section to be provided by the employee.
STATEMENT OF PURPOSE
This legislation brings Idaho Code into compliance with the Federal
Motor Carrier Safety Regulations (FMCSR) regarding the Commercial
Drivers License (CDL) program and enhances the safety of Idaho's
highways and railroad crossings.
This legislation amends Section 49-335, Idaho Code, to allow the
department to disqualify the commercial driver's licenses of
commercial motor vehicle operators convicted of violating a
railroad grade crossing law or regulation.
This legislation also amends Section 49-337, Idaho Code, to allow
for a civil penalty of up to $10,000 to be assessed against an
employer who knowingly allows, authorizes, or requires an employee
to violate a railroad grade crossing law or regulation.
All States must achieve substantial compliance with the new FHWA
regulations regarding railroad crossings prior to October 4, 2002,
or be subject to withholding of apportioned Federal-aid highway
The first year that a state is found in non-compliance can result
in a withholding of 5% of Interstate Maintenance (IM), National
Highway System (NHS), and Surface Transportation Program (STP)
funds, or an estimated total of $7 million for Idaho in FY 2003. If
a state is found in non-compliance for a second year, the
withholding can increase to 10%, or an estimated $14 million in FY
2004 and thereafter for Idaho.
If this legislation is not enacted, Idaho can be found in non-
compliance with the CDL program and millions of dollars of Federal-
aid highway funding can be withheld.
Name: Hal Putnam, Idaho Transportation Department
Statement of Purpose/Fiscal Note H 19