BILL REQ. #:  H-1898.2 

READ FIRST TIME 03/01/13.   

     AN ACT Relating to passenger-carrying vehicles for railroad employees; amending RCW 81.61.010, 81.61.020, 81.61.030, and 81.61.040; and adding a new section 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)) "passenger-carrying vehicle," as used in this chapter, means ((those buses and trucks)) every self-propelled vehicle owned or leased, operated, and maintained by a railroad company ((which transports)) or by any of the company's agents, contractors, subcontractors, or vendors, for the purpose of transporting railroad employees ((in other than the cab of such vehicle)) as passengers in the course of their work assignments and designed primarily for operation on roads which may or may not be equipped with retractable flanged wheels for operation on railroad tracks.

Sec. 2   RCW 81.61.020 and 2007 c 234 s 41 are each amended to read as follows:
     (1) The utilities and transportation commission shall adopt rules and orders necessary to ensure that every passenger-carrying vehicle provided or engaged by a railroad company to transport employees in the course of their employment is maintained, adequately insured, and operated in a safe manner when it is used on a public or private road. The rules and orders must establish minimum standards for:
     (((1))) (a) The construction and mechanical equipment of the passenger-carrying vehicles, including the appropriate types of vehicles depending upon class of service and use, maximum life span of vehicles, maintenance, periodic inspections, lighting devices and reflectors, exhaust system, rear vision mirrors, service and parking brakes, steering mechanisms, tires, warning and signaling devices, windshield wipers, and heating equipment capable of maintaining a reasonable temperature in passenger areas;
     (((2))) (b) The operation of passenger-carrying vehicles, including driving rules, the loading and carrying of passengers, maximum daily hours of service by drivers, ((minimum age and skill of drivers, physical condition of drivers,)) refueling, road warning devices, ((and)) the transportation of gasoline and explosives, and the stowage of personal belongings, luggage, materials, and equipment;
     (((3))) (c) The qualifications of drivers, including a driver's minimum age and skill, physical condition, alcohol and drug testing standards, minimum qualifications, appropriate class of commercial driver's license, initial and ongoing training programs that include regular testing, and driving history. A person is immediately and automatically disqualified to work as a driver 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;
     (d) The safety of passengers in a passenger-carrying vehicle, including emergency exits, fire extinguishers, first aid kits, facilities for communication between cab and rear compartments, means of ingress and egress, side walls, canopy, tail gates, safety headrests, seating, safety belts, air bags, or other means of retaining passengers within the passenger-carrying vehicle;
     (e) Adequate insurance coverage. If a party contracts with the motor carrier on behalf of the railroad company to transport railroad employees, the insurance requirements may be satisfied by either that party or the motor carrier, so long as the motor carrier names that party as an additional insured or named insured. The insurance policy must satisfy 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; and
     (f) The suspension, revocation, or cancellation of the certificate issued by the commission held by any agent, contractor, subcontractor, or vendor of a railroad company as a result of serious or repeated violations of this chapter or rules adopted under this chapter.
     (2)(a) Agents, contractors, subcontractors, or vendors of a railroad company must retain for a time period of at least three years all operational records, 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.
     (b) Records required under (a) of this subsection must be sent to the commission annually. The commission must retain the records for at least three years.
     (3)(a) For class II and class III railroads, the commission may waive any regulatory requirement concerning passenger-carrying vehicles in this chapter, except those listed in (c) and (d) of this subsection, if doing so is consistent with the public interest and safety.
     (b) At a minimum, class II and class III railroads must:
     (i) Provide an adequate level of insurance that is consistent with federal insurance standards and that must include uninsured motorist coverage;
     (ii) Require drivers of passenger-carrying vehicles to have a valid Washington state driver's license; and
     (iii) Require that any vehicles used to transport railroad crews are maintained, safe, and in good operating condition.
     (c) The commission may not waive any authority to investigate, address, and resolve complaints regarding railroad passenger-carrying vehicles used by class II and class III railroads, or any of these railroads' agents, contractors, subcontractors, or vendors.
     (d) If a class II or class III railroad has an ongoing contractual relationship with another company in order to provide passenger-carrying services, that company must meet the minimum insurance requirements listed in subsection (1)(e) of this section.
     (e) The commission must review any waivers granted under this section no less than every four years and may cancel waivers at any time if the commission finds that the railroad has committed serious or repeated safety violations related to passenger-carrying vehicles.
     (4) The provisions of this chapter shall not apply to a railroad that has a total of fifteen or fewer employees who are covered by the hours of service laws under 49 U.S.C. Sec. 21103, 21104, or 21105.

Sec. 3   RCW 81.61.030 and 1977 ex.s. c 2 s 3 are each amended to read as follows:
     (1) Any rules or orders adopted under this chapter shall be subject to the requirements of, and enforceable by the penalties imposed by, chapter 81.04 RCW.
     (2) When a railroad company or its agents, contractors, subcontractors, or vendors violate this chapter or rules adopted under this chapter, the commission may order such penalties as are warranted. The commission may impose penalties on railroad companies for repeated safety violations by their agents, contractors, subcontractors, or vendors.
     (3) Any interested person or group may request notice of, and participate in, any hearings or proceedings held pursuant to this chapter. The commission shall conduct a hearing prior to the adoption of any rule ((or order)) under this chapter.

Sec. 4   RCW 81.61.040 and 1977 ex.s. c 2 s 4 are each amended to read as follows:
     (1) The commission may, in enforcing rules and orders under this chapter, inspect any passenger-carrying vehicle provided by a railroad company or its agents, contractors, subcontractors, or vendors to transport employees in the course of their employment. Upon request, the chief of the state patrol or the chief's designee may assist the commission in these inspections.
     (2) The commission must investigate a safety complaint related to employee transportation under this chapter and take appropriate enforcement action as warranted.
     (3) Railroad companies must provide a means for their employees to document and track to resolution issues regarding the safe operation or maintenance of any passenger-carrying vehicle operated by the railroad company or its agents, contractors, subcontractors, or vendors. Railroad companies must investigate a safety complaint related to employee transportation under this chapter and take appropriate action to resolve the complaint.
     (4) In hiring new employees, railroad companies must provide these new employees information regarding filing complaints with the commission as to the safety, maintenance, and operations of passenger-carrying vehicles.

NEW SECTION.  Sec. 5   A new section is added to chapter 81.61 RCW to read as follows:
     The commission must study any incidents and accidents involving passenger-carrying vehicles regulated under this chapter. The commission must collect data on such incidents and accidents, including the location, time of day, visibility, any fault of the parties involved, whether the incident or accident caused any property damage or personal injuries, and how such an incident or accident could have been avoided. The commission must make this data available upon request and must provide a report to the legislature by December 31, 2013, and annually thereafter, summarizing the last year's findings and including recommendations for avoiding incidents and accidents in the future.