2001 Legislation
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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
crossings.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              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)
 35    years.
 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
                                                                        
                                           2
                                                                        
  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
 21        period.
 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
 29        conviction;
 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-
                                                                        
                                           3
                                                                        
  1    tion.
  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 iIn 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 iIn which  the  employee  has  more  than  one  (1)
 22        driver's license; or
 23        (c)  During  any period iIn 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 / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10523

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.

                         FISCAL IMPACT
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
funds.  

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.











CONTACT: 
Name:    Hal Putnam, Idaho Transportation Department
Phone:   334-8707

Statement of Purpose/Fiscal Note           H 19