AN ACT to amend the Indiana Code concerning utilities and transportation.
SECTION 1. IC 8-2.1-24-18, AS AMENDED BY P.L.92-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 18. (a) 49 CFR Parts 382, 385 through 387, 390 through 393, and 395 through 398 is incorporated into Indiana law by reference, and, except as provided in subsections (d), (e), (f), and (g), must be complied with by an interstate and intrastate motor carrier of persons or property throughout Indiana. 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 is 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), 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), 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, is 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 after
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 Federal Highway Administration; 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 Federal Highway
Administration; 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 (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 as it applies to physical qualifications of
drivers hired before September 1, 1985.
(2) (1) Subpart 391.41(b)(3) as it applies to physical
qualifications of a driver who has held has applied for or holds
a commercial driver's license (as defined in IC 9-13-2-29), before
April 1, 1992, diagnosed as an insulin dependent diabetic, if the
driver has filed an annual statement with applied for and been
granted an intrastate medical waiver by the bureau of motor
vehicles completed and signed by a certified endocrinologist or
the driver's treating physician attesting that the driver:
(A) is otherwise physically qualified under Subpart 391.41 to
operate a motor vehicle 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 advisory committee 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.
(3) (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.
(4) (3) Subpart 396.11 as it applies to driver vehicle inspection
reports.
(5) (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
carrier 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.
(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.