BILL REQ. #:  H-3568.2 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to passenger-carrying vehicles for railroad employees; amending RCW 81.61.010; and adding new sections to chapter 81.61 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 81.61.010 and 1977 ex.s. c 2 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise((, the term)):
     (1) "Contract crew hauling vehicle," as used in this chapter, means every self-propelled vehicle, regardless of its seating capacity, owned, leased, operated, and maintained by a charter party carrier, as defined in RCW 81.70.020, contracting with a railroad company or its agents, contractors, subcontractors, or vendors, used primarily to provide railroad crew transportation.
     (2) "Passenger-carrying vehicle," as used in this chapter, means those buses and trucks owned, operated, and maintained by a railroad company which transports railroad employees in other than the cab of such vehicle and designed primarily for operation on roads which may or may not be equipped with retractable flanged wheels for operation on railroad tracks.

NEW SECTION.  Sec. 2   A new section is added to chapter 81.61 RCW to read as follows:
     (1) The commission shall regulate charter party carriers providing railroad crew transportation and every contract crew hauling vehicle with respect to the safety of equipment, driver qualifications, insurance levels, and safety of operations.
     (2) The commission shall adopt rules and require reports as necessary to carry out this chapter regarding contract crew hauling vehicles and establish federal motor vehicle safety standards for contract crew hauling vehicles as the minimum safety standards, including:
     (a) Driver qualifications, including a driver's minimum age and skill, physical condition, and appropriate type or class of license;
     (b) Equipment safety;
     (c) Safety of operations;
     (d) Passenger safety;
     (e) Adequate insurance coverage that satisfies the following minimum amounts, which may be increased by rule adopted by the commission:
     (i) Liability insurance of five million dollars;
     (ii) Uninsured and underinsured motorist coverage of five million dollars; and
     (iii) Property damage coverage of five hundred thousand dollars. If a person contracts with the charter party carrier on behalf of the railroad company to transport railroad employees, the insurance requirements may be satisfied by either that person or the charter party carrier, so long as the charter party carrier names that person as an additional insured or named insured;
     (f) The suspension, revocation, or cancellation of the certificate issued by the commission and held by any charter party carrier owning, leasing, operating, and maintaining contract crew hauling vehicles as a result of serious or repeated violations of this chapter or rules adopted under this chapter; and
     (g) The form and posting of adequate notices in a conspicuous location in all contract crew hauling vehicles to advise railroad employee passengers of their right to submit complaints to the commission regarding the safe operation or maintenance of vehicles.
     (3) Charter party carriers owning, leasing, operating, and maintaining contract crew hauling vehicles must retain for a time period of at least three years all operational records relating to the contract crew hauling vehicles, including vehicle records involving accidents, maintenance and service records, drivers' records, records of passenger complaints, all employment actions, driver logs, and records of passengers transported.
     (4) A person is immediately and automatically disqualified to work as a driver of a contract crew hauling vehicle under this chapter if the person's license is suspended or revoked two or more times within a three-year period. The disqualification must last for two years from the recent license suspension or revocation.
     (5)(a) The commission may, in enforcing rules and orders relating to charter party carriers owning, leasing, operating, and maintaining contract crew hauling vehicles under this chapter, inspect any contract crew hauling vehicles. Upon request, the chief of the state patrol or the chief's designee may assist the commission in these inspections.
     (b) The commission shall investigate safety complaints related to employee transportation under this section and take appropriate enforcement action as warranted.
     (c) The commission may enforce this section under the authority in RCW 81.04.380 through 81.04.405, including assessing penalties as are warranted.
     (d) Any interested person or group may request notice of, and participate in, any hearings or proceedings held under this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 81.61 RCW to read as follows:
     The commission must study any accidents involving vehicles regulated under this chapter. A railroad company, and any charter party carrier that owns or leases, operates, or maintains contract crew hauling vehicles in the state, must, at the request of the commission, provide data on such accidents, including the location, time of day, visibility, a description of the event, and whether the accident caused any property damage or personal injuries. The commission must make this data available upon request and must provide a report to the legislature by December 31, 2014, and annually thereafter, summarizing the last year's findings and including recommendations for avoiding accidents in the future.