Citations Affected: IC 8-2.1.
Synopsis: Intrastate motor carriers. Exempts certain intrastate private
carriers of persons or property, or both, from the requirement of certain
markings on the motor vehicle. Repeals and relocates language
concerning regulation of certain motor carriers and private carriers of
property. Makes corresponding changes. Removes outdated language.
Effective: Upon passage.
January 13, 2009, read first time and referred to Committee on Roads and Transportation.
January 22, 2009, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
Intrastate motor carriers subject to compliance reviews under 49 CFR
385 shall be selected according to criteria determined by the
superintendent which must include but are not limited to factors such
as previous history of violations found in roadside compliance checks
and other recorded violations. However, the provisions of 49 CFR 395
that regulate the hours of service of drivers, including requirements for
the maintenance of logs, do not apply to a driver of a truck that is
registered by the bureau of motor vehicles and used as a farm truck
under IC 9-18, or a vehicle operated in intrastate construction or
construction related service, or the restoration of public utility services
interrupted by an emergency. Except as provided in subsection (i):
(1) intrastate motor carriers not operating under authority issued by the United States Department of Transportation shall comply with the requirements of 49 CFR 390.21(b)(3) by registering with the department of state revenue as an intrastate motor carrier and displaying the certification number issued by the department of state revenue preceded by the letters "IN";
Except as provided in
subsection (i), and
(2) all other requirements of 49 CFR 390.21 apply equally to interstate and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177 through 178, and 180, are incorporated into Indiana law by reference, and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and nonbulk packaging, including cargo tank motor vehicles, may be used only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel oil, kerosene, diesel fuel, gasoline, gasohol, or any combination of these substances.
All additional federal standards for the safe transportation of hazardous
materials apply until July 1, 2000. After June 30, 2000, the
Maintenance, inspection, and marking requirements of 49 CFR 173.8
and Part 180 are applicable. In accordance with federal hazardous
materials regulations, new or additional nonspecification cargo tank
motor vehicles may not be placed in service under this subsection.
June 30, 1998.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector who:
(A) has successfully completed a course of instruction approved by the United States Department of Transportation; and
(B) maintains an acceptable competency level as established by the state police department; or
(2) an employee of a law enforcement agency who:
(A) before January 1, 1991, has successfully completed a course of instruction approved by the United States Department of Transportation; and
(B) maintains an acceptable competency level as established by the state police department;
on the enforcement of 49 CFR, may, upon demand, inspect the books, accounts, papers, records, memoranda, equipment, and premises of any carrier, including a carrier exempt under section 3 of this chapter.
(e) A person hired before September 1, 1985, who operates a motor vehicle intrastate incidentally to the person's normal employment duties and who is not employed as a chauffeur (as defined in IC 9-13-2-21(a)) is exempt from 49 CFR 391 as incorporated by this section.
(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a person at least eighteen (18) years of age and less than twenty-one (21) years of age may be employed as a driver to operate a commercial motor vehicle intrastate. However, a person employed under this subsection is not exempt from any other provision of 49 CFR 391.
(g) Notwithstanding subsection (a) or (b), the following provisions of 49 CFR do not apply to private carriers of property operated only in intrastate commerce or any carriers of property operated only in intrastate commerce while employed in construction or construction related service:
(1) Subpart 391.41(b)(3) as it applies to physical qualifications of a driver who has been diagnosed as an insulin dependent diabetic, if the driver has applied for and been granted an intrastate medical waiver by the bureau of motor vehicles pursuant to this subsection. The same standards and the following procedures
shall apply for this waiver whether or not the driver is required to
hold a commercial driver's license. An application for the waiver
shall be submitted by the driver and completed and signed by a
certified endocrinologist or the driver's treating physician
attesting that the driver:
(A) is not otherwise physically disqualified under Subpart 391.41 to operate a motor vehicle, whether or not any additional disqualifying condition results from the diabetic condition, and is not likely to suffer any diminution in driving ability due to the driver's diabetic condition;
(B) is free of severe hypoglycemia or hypoglycemia unawareness and has had less than one (1) documented, symptomatic hypoglycemic reaction per month;
(C) has demonstrated the ability and willingness to properly monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's or treating physician's knowledge, has carried a source of rapidly absorbable glucose at all times while driving a motor vehicle, has self monitored blood glucose levels one (1) hour before driving and at least once every four (4) hours while driving or on duty before driving using a portable glucose monitoring device equipped with a computerized memory; and
(E) has submitted the blood glucose logs from the monitoring device to the endocrinologist or treating physician at the time of the annual medical examination.
A copy of the blood glucose logs shall be filed along with the annual statement from the endocrinologist or treating physician with the bureau of motor vehicles for review by the driver licensing medical advisory board established under IC 9-14-4. A copy of the annual statement shall also be provided to the driver's employer for retention in the driver's qualification file, and a copy shall be retained and held by the driver while driving for presentation to an authorized federal, state, or local law enforcement official. Notwithstanding the requirements of this subdivision, the endocrinologist, the treating physician, the advisory board of the bureau of motor vehicles, or the bureau of motor vehicles may, where medical indications warrant, establish a short period for the medical examinations required under this subdivision.
(2) Subpart 396.9 as it applies to inspection of vehicles carrying or loaded with a perishable product. However, this exemption does not prohibit a law enforcement officer from stopping these
vehicles for an obvious violation that poses an imminent threat of
an accident or incident. The exemption is not intended to include
refrigerated vehicles loaded with perishables when the
refrigeration unit is working.
(3) Subpart 396.11 as it applies to driver vehicle inspection reports.
(4) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(l), "planting and harvesting season" refers to the period between January 1 and December 31 of each year. The intrastate commerce exception set forth in 49 CFR 395.1(l), as it applies to the transportation of agricultural commodities and farm supplies, is restricted to single vehicles and cargo tank motor vehicles with a capacity of not more than five thousand four hundred (5,400) gallons.
(i) The requirements of 49 CFR 390.21 do not apply to an intrastate motor carrier:
(1) or a guest operator not engaged in interstate commerce and operating a motor vehicle as a farm vehicle in connection with agricultural pursuits usual and normal to the user's farming operation or for personal purposes unless the vehicle is operated either part time or incidentally in the conduct of a commercial enterprise; or
(2) operating a motor vehicle with a gross combination weight rating of less than twenty-six thousand one (26,001) pounds, when the motor vehicle is:
(A) not hauling property or passengers, or both, for hire; and
(B) being used exclusively in intrastate commerce.
(j) The superintendent of state police may adopt rules under IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by reference under this section.