BILL REQ. #:  H-0365.1 

Read first time 02/04/2003.   Referred to Committee on Transportation.

     AN ACT Relating to the intermodal chassis roadability inspection program; adding a new chapter to Title 81 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   As used in this chapter, the following definitions apply:
     (1) "Ocean marine terminal" means a terminal, whether public or private, located at a port facility that engages in the loading and unloading of the cargo of oceangoing vessels.
     (2) "Intermodal chassis" or "chassis" means a trailer designed to carry intermodal freight containers.

NEW SECTION.  Sec. 2   (1) An ocean marine terminal that receives and dispatches intermodal chassis shall implement and carry out the intermodal chassis roadability inspection program, as described in this chapter, in lieu of any inspection required by chapter 46.32 RCW for motor carriers and vehicles.
     (2) No ocean marine terminal operator may tender to, or interchange with, a motor carrier, an intermodal chassis that fails to pass the inspection required by this chapter and that fails to meet the requirements set forth in federal motor carrier safety regulations of 49 C.F.R. Sec. 396. An ocean marine terminal operator tendering to, or interchanging with, a motor carrier such equipment shall provide certification that the chassis has passed the inspection set forth in this chapter. An ocean marine terminal operator who violates this section will be fined five hundred dollars per occurrence.
     (3) Nothing in this chapter is meant to supersede the inspection requirement and standard under 49 C.F.R. Sec. 396 that requires ocean marine terminal operators to conduct annual inspections of chassis. Rather, this chapter imposes an additional requirement that ocean marine terminal operators inspect chassis on a routine basis.

NEW SECTION.  Sec. 3   (1) Ocean marine terminal operators shall inspect all chassis in accordance with this section before a container is placed on the chassis, and before the chassis is released for operation. The inspection must include, but not be limited to, brake adjustment, an inspection of brake system components and leaks, suspension systems, tires and wheels, vehicle connecting devices, lights and electrical systems, and a visual inspection of the chassis to determine that it has not been tampered with.
     (2) Each inspection must be recorded on a daily roadability inspection report that includes, but is not limited to, all of the following:
     (a) Positive identification of the intermodal chassis, including company identification number and vehicle license plate number;
     (b) Date and nature of each inspection;
     (c) Signature, under penalty of perjury, of the ocean marine terminal operator or an authorized representative that the inspection has been performed and that the chassis is roadworthy. Individuals performing inspections under this section must be qualified, at a minimum, as set forth in 49 C.F.R. Sec. 396.19. Evidence of each inspector's qualification must be retained by the ocean marine terminal for sixty days after the inspection. No inspector may be threatened, coerced, or otherwise retaliated against by an ocean marine terminal operator for refusing to pass a chassis that fails an inspection, or for designating a chassis for repair. If an inspector is so threatened, the inspector must be protected by and afforded all rights and remedies provided in the state whistleblower statute, chapter 42.40 RCW. Accordingly, a person who violates this section is subject to the penalties provided in chapter 42.40 RCW;
     (d) As part of the inspection, the inspector shall affix a tamper-proof green tag on a chassis that has passed inspection and a red tag on a chassis that has failed inspection. The tag must contain the name of the inspector and the date and time the inspection was completed and be placed on the driver's side of the chassis next to the chassis' identification plate. In addition, a red tag must specify the defects that warranted the failed inspection and that require repair. The tag must be provided by the ocean marine terminal operator and meet specifications determined by the state patrol.
     (3) Chassis must be segregated according to the tagged designation. Green-tagged chassis must be kept in an area designated for interchange with motor carriers. Red-tagged chassis must be transported to an on-site facility where repairs and any required maintenance may be performed. Defects identified during an inspection of an intermodal chassis must be repaired, and the repairs recorded on an intermodal chassis maintenance file as described in section 4 of this act, before the chassis is released from the control of the ocean marine terminal. No chassis subject to this chapter may be released to a motor carrier or operated on a public road until all defects listed during the inspection have been corrected, the chassis passes inspection, and the ocean marine terminal operator's authorized representative attests to that fact and affixes a green tag on the chassis.
     (4) A driver who believes that a chassis is in an unsafe operating condition may request that the chassis be reinspected by the entity responsible for the inspection and maintenance of the chassis under this chapter. If such a request is made, the driver:
     (a) May not be made responsible for delivery of the chassis to the repair facility; and
     (b) Must receive a green-tagged chassis without delay. If a driver is forced to wait for one or more hours, the ocean marine terminal operator shall compensate the driver at a rate of one hundred dollars per hour. Such a request, any corrective action taken, or the reason why corrective action was not taken must be recorded in the intermodal chassis maintenance file described in section 4 of this act. Alternatively, the driver may contact a law enforcement agency with regard to the physical condition of the chassis.
     (5) No driver may be threatened, coerced, or otherwise retaliated against by an ocean marine terminal operator for requesting that the intermodal chassis be reinspected or repaired or for contacting a law enforcement agency with regard to the physical condition of a chassis. If a commercial driver is so threatened, coerced, or retaliated against, the driver must be protected by and afforded all rights and remedies provided in chapter 42.40 RCW. Accordingly, a person who violates this section is subject to the penalties provided in chapter 42.40 RCW.

NEW SECTION.  Sec. 4   (1) Records of each inspection conducted under this chapter must be:
     (a) Maintained for ninety days at the ocean marine terminal where each chassis is inspected;
     (b) Made available upon request by any authorized employee of the utilities and transportation commission or the state patrol; and
     (c) Made available during normal business hours to any motor carrier or driver or the authorized representative thereof who has been engaged to transport an intermodal container on a chassis inspected under section 3 of this act from the ocean marine terminal.
     (2) Records of maintenance or repairs performed pursuant to the inspection in section 3 of this act must be:
     (a) Maintained for two years at the ocean marine terminal; and
     (b) Made available upon request of the utilities and transportation commission.
     (3) Requests for reinspection must be recorded in the intermodal chassis maintenance file and be maintained and made available in accordance with subsection (1) of this section.
     (4) All records described in this section may be kept in a computer system if printouts of those records may be provided upon request.

NEW SECTION.  Sec. 5   (1) The commercial vehicle safety division of the state patrol shall conduct random, but at least annual, on-site reviews of ocean marine terminals to determine whether the terminal is complying with the requirements of this chapter, including but not limited to inspection, tagging, quarantine, repair, and recordkeeping requirements. After an inspection in which the division determines that an ocean marine terminal operator has failed to comply with any of the requirements of this chapter, the chief of the state patrol shall:
     (a) Direct the ocean marine terminal to comply immediately with the requirements of this chapter;
     (b) Fine the ocean marine terminal one hundred dollars for every day, after the day of inspection, that the terminal fails to comply with the requirements of this chapter;
     (c) After ten days of noncompliance, immediately forward a recommendation to the utilities and transportation commission to suspend the terminal's motor carrier property permit, and forward a recommendation to the Federal Motor Carrier Safety Administration for administrative or other action deemed necessary against the carrier's interstate operating authority.
     (2) After twenty days of noncompliance, the utilities and transportation commission shall revoke the ocean marine terminal's property permit.
     (3) If an inspection results in an unsatisfactory rating due to conditions presenting an imminent danger to the public safety, the utilities and transportation commission shall take actions under subsection (1)(c) or (2) of this section.
     (4) A state patrol officer, while in the performance of the duties of office, may enter upon and perform inspections at an ocean marine terminal of green-tagged chassis that are intended to be tendered to or interchanged with a motor carrier for use on a highway. If the officer determines that a green-tagged chassis is unroadworthy, the ocean marine terminal operator will be fined five hundred dollars per occurrence.
     (5) A citation issued for violation of this chapter related to the defective condition of an intermodal chassis must be issued to the ocean marine terminal operator responsible for the inspection and maintenance of the chassis, if the chassis is not owned by the driver and unless the defective condition of the chassis was caused by the failure of the motor carrier or its driver to operate the commercial vehicle in a safe manner.

NEW SECTION.  Sec. 6   Any provision in a contract between an owner or lessee of an intermodal chassis and a driver that contains a hold- harmless or indemnity clause concerning defects in the physical condition of the intermodal chassis is void as against public policy. This section does not apply to damage to the intermodal chassis caused by the neglect or willful failure of the motor carrier or its driver to operate the commercial vehicle in a safe manner.

NEW SECTION.  Sec. 7   The utilities and transportation commission shall adopt such rules as necessary to carry out the purposes of this chapter.

NEW SECTION.  Sec. 8   Nothing in this chapter relieves a commercial driver or commercial motor carrier of any duty imposed by state or federal law related to the safe operation of a commercial motor vehicle.

NEW SECTION.  Sec. 9   Sections 1 through 8 of this act constitute a new chapter in Title 81 RCW.