HB 1015

Washington State House of Representatives	BILL ANALYSIS

Transportation Committee

HB 1015

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Increasing penalties for falsifying hours of service for commercial motor vehicles.

Sponsors: Representatives Haler, Green and Moeller.

Brief Summary of Bill

Increases the penalty for falsifying hours of service from $64 to $725.

Hearing Date: 1/24/07

Staff: Jerry Long (786-7306).

Background:

According to the Federal Motor Carrier Regulations, every driver, with limited exceptions, who operates a commercial motor vehicle is required to record their status in duplicate for each 24-hour period. The duty status time must be recorded on a specific grid. The duty status will be recorded as on or off duty. In addition, the following information must be included on the form:    1.   Date;
   2.   Total miles driven;
   3.   Truck and trailer number;
   4.   Name of motor carrier;
   5.   Driver's signature and certification;
   6.   Twenty-four hour period starting time;
   7.   Main office address;
   8.   Remarks;
   9.   Name of co-driver;
   10.   Total hours; and,
   11.   Shipping document number(s) or name of shipper and commodity.

All commercial drivers of private or common carriers within the State of Washington and all commercial drivers driving interstate operation are required to comply with strict laws and regulations governing maximum on-duty time.

The hours of service rules are:

May drive a maximum of 11 hours after 10 consecutive hours off duty.
May not drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty.
May not drive after 60 hours on duty in seven consecutive days or 70 hours on duty in eight consecutive days. A driver may restart a seven/eight consecutive day period after taking 34 or more consecutive hours off duty.

The driver must submit or forward by mail the original driver's record of duty status to the regular employing motor carrier within 13 days following the completion of the form.

In Washington State, the penalty for falsifying the logbook hours of service is $64.

Summary of Bill:

Establishes the falsifying of the logbook hours of service as a separate infraction and increases the current penalty from $64 to $725. Ninety percent of the penalty will be distributed to the Motor Vehicle Account for increased commercial motor vehicle enforcement and the remaining 10 percent will be distributed to local government and the Public Safety Education Account.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.