2009 Louisiana Laws TITLE 32 Motor vehicles and traffic regulation :: RS 32:1524 For-hire carriers transporting railroad employees; definitions; driving time; rules and regulations

§1524.  For-hire carriers transporting railroad employees; definitions; driving time; rules and regulations

A.  When used in this Section, the following words and phrases shall have the following meanings, unless the context clearly indicates a different meaning:

(1)  "Driving time" means all time spent at the driving controls of a commercial for-hire vehicle designed to transport railroad employees.

(2)  "Eight consecutive days" means the period of eight consecutive days beginning on any day and time designated by the for- hire carrier for the terminal from which the driver is normally dispatched.

(3)  "For-hire carrier" means any motor carrier engaged in the business of transporting railroad employees for compensation.

(4)  "On-duty time" means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.  On-duty time shall include:

(a)  All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any other property waiting to be dispatched, unless the driver has been relieved from duty by the for-hire carrier.

(b)  All time inspecting, servicing, or conditioning any for-hire commercial motor vehicle at any time.

(c)  All driving time as defined in the term driving time.

(d)  All time, other than driving, in or upon any for-hire commercial motor vehicle.

(e)  All time loading or unloading a for-hire commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a for-hire commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the for-hire commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded.

(f)  All time repairing, obtaining assistance, or remaining in attendance upon a disabled for-hire commercial motor vehicle.

(g)  All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with any federal, state, or employer regulation or rule.

(h)  Performing any other work in the capacity, employ, or service of a motor carrier.

(5)  "Twenty-four-hour period" means any twenty-four consecutive hour period beginning at the time designated by the for-hire carrier for the terminal from which the driver is normally dispatched.  The times designated for the beginning of a twenty-four- hour period and eight consecutive days shall be the same.

B.  The provisions of this Section shall apply only to for-hire carriers designed to transport railroad employees on any public highway or road in this state.

C.  Drivers of for-hire motor carrier vehicles transporting railroad employees shall be prohibited from:

(1)  Driving a for-hire vehicle for more than ten hours in any twenty-four-hour period without eight consecutive hours off duty.

(2)  Driving a for-hire vehicle after the driver has been on duty for fifteen hours without eight consecutive hours off duty.

(3)  Driving a for-hire vehicle after the driver has been on duty for a total of seventy hours within eight consecutive days until the beginning of the next eight consecutive days.

(4)  Performing any compensated work for a person who is not a motor carrier within eight hours prior to coming on duty.

D.  For-hire motor carrier companies shall keep time records for six months indicating the time all for-hire motor carrier drivers report for duty, the time of relief from duty, hours driven, hours on duty, and hours off duty.  The records shall be made available to the Department of Public Safety and Corrections, office of state police, for inspection and shall be subject to the provisions of R.S. 32:1505.

E.  The Department of Public Safety and Corrections, office of state police, shall adopt rules and regulations, in accordance with the Administrative Procedure Act, as are necessary to implement the provisions of this Section.

Acts 2001, No. 415, §1, eff. June 15, 2001.