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3907Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010410Primary Sponsor: TownsendAll Sponsors: TownsendDrafted Document Number: l:\council\bills\nbd\11443cm01.docResiding Body: SenateCurrent Committee: Transportation Committee 15 STDate of Last Amendment: 20010508Subject: Intermodal trailer, trucks, out-of- service; equipment provider to maintain, roadside inspections; Motor VehiclesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020109 Recommitted to Committee 15 ST ------ 20010523 Scrivener's error corrected Senate 20010522 Recalled from Committee, 15 ST placed on the Calendar Senate 20010509 Introduced, read first time, 15 ST referred to Committee House 20010509 Read third time, sent to Senate House 20010508 Amended, read second time House 20010503 Committee report: Favorable with 21 HEPW amendment House 20010410 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill Revised on May 3, 2001 - Word format Revised on May 8, 2001 - Word format Revised on May 22, 2001 - Word format Revised on May 23, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
May 22, 2001
S. Printed 5/22/01--S. [SEC 5/23/01 3:08 PM]
Read the first time May 9, 2001.
TO AMEND SECTION 56-5-4170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TENDER OR INTERCHANGE OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT IF THE EQUIPMENT PROVIDER FOR CERTAIN OUT-OF-SERVICE VEHICLES FAILS TO REIMBURSE THE MOTOR CARRIER OPERATOR FOR FINES AND PENALTIES INCURRED PURSUANT TO THE VEHICLE'S OUT-OF-SERVICE ORDER WITHIN THIRTY DAYS OF A CONVICTION FOR VIOLATING A ROADSIDE INSPECTION, THEN THE MOTOR CARRIER OPERATOR HAS A CIVIL CAUSE OF ACTION AGAINST THE EQUIPMENT PROVIDER, TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ARE NOT INTENDED TO ELIMINATE THE RESPONSIBILITY AND OBLIGATION OF A MOTOR CARRIER AND OPERATOR TO MAINTAIN AND OPERATE VEHICLES IN ACCORDANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS AND ALL STATE AND LOCAL LAWS, AND TO PROVIDE THAT ANY PROVISION CONTAINED IN AN INTERMODAL INTERCHARGE CONTRACT PROVIDING FOR A HOLD HARMLESS OR INDEMNITY AGREEMENT, OR BOTH, BETWEEN THE MOTOR CARRIER OPERATOR AND THE TENDERER OR OWNER OF A VEHICLE, CONTRARY TO ANY PROVISION OF THIS SECTION IS VOID.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-4170 of the 1976 Code as added by Act 410 of 1998 is amended to read:
"Section 56-5-4170. (A) For purposes of enforcing this section, 'vehicle' means intermodal trailer, chassis, or container.
tender tenderer shall not tender or interchange a vehicle for use on any highway which is in violation of the requirements contained in the United States Department of Transportation Federal Motor Carrier Safety Regulations (FMCSR). A motor carrier shall not certify or guarantee to a person tendering or interchanging a vehicle to a motor carrier that the vehicle complies with the FMCSR unless the tenderer of the vehicle provides the motor carrier operator with certification that the vehicle meets FMCSR requirements. Before an operator may accept a vehicle, the tenderer must allow the motor carrier operator adequate equipment, time, and facilities to conduct a walk-around pre-trip inspection of the vehicle. If the vehicle fails to meet federal safety requirements, the tenderer immediately must make any necessary repairs to the vehicle so that it complies with applicable safety standards or immediately make available a replacement vehicle which meets the safety requirements.
(C) The Department of Public Safety State Transport Police, if requested by the State Ports Authority, may as a public safety service, enter upon, and perform courtesy inspections of vehicles for purposes of identifying and tagging vehicles which may require mechanical work before being tendered for use on public highways.
(D) If a vehicle that is tendered is placed
out of service out-of-service as a result of a roadside inspection within five complete working days from the time the motor carrier is tendered, the vehicle as indicated on the equipment interchange agreement, then the operator must be reimbursed for all fines and penalties incurred pursuant to the out-of-service order, including reimbursement for all equipment repair expenses necessary to bring the vehicle into compliance with FMCSR, unless the fines, penalties, or repair expenses are due to actions or omissions of the motor carrier operator after the vehicle was tendered. Reimbursement must be made to the operator no later than thirty days after the date of conviction and must include payment for the following equipment repairs:
(1) Brake Adjustments:
push rod travel exceeds limits.
(2) Brake Drum:
(a) drum cracks;
(b) lining thickness loose or missing;
(c) lining saturated with oil.
(3) Inoperative Brakes:
(a) no movement of any components;
(b) missing or broken (loose) components;
(c) mismatch components.
(4) Air Lines and Tubing:
(a) bulge and swelling;
(b) audible leak other than proper connection;
(c) air lines broken, cracked, or crimped.
(5) Reservoir Tank:
any separation of original attachment points.
(a) any cracked, loose, sagging, or broken frame members which measured one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange;
(b) any condition which causes moving parts to come in contact with the frame.
(8) Wheel Assembly:
(a) low or no oil;
(b) oil leakage on brake components.
(9) Tire Separation:
(a) tire separation from casing;
(b) two inches of plies exposed.
(10) Rim Cracks:
(a) any circumferential crack except manufactured;
(b) lock or side ring cracked, bent, broken, sprung, improperly seated, or mismatched.
(a) spring assembly leaves broken, missing, or separated;
(b) spring hanger, u-bolts, or axle positioning components cracked, broken, loose, or missing.
(12) Chassis Locking Pins:
any twist lock or fitting for securement which is sprung, broken, or improperly latched.
If the equipment provider fails to reimburse the motor carrier operator within thirty days, the operator has a civil cause of action against the equipment provider.
(E) If the originating motor carrier interchanges the vehicle to another mode of transportation or warehouse in substantially the same condition as it was tendered originally to the motor carrier, the originating motor carrier is relieved of any further responsibility for the condition of the vehicle.
(F) The Department of Public Safety shall develop and maintain a separate database on roadside vehicle inspection reports for power unit defects and for the defects contained in subsection(D) on any vehicle tendered to the motor carrier. The database may be used to identify and monitor those entities whose responsibility it is to provide any vehicle to motor carriers in roadworthy conditions as prescribed by the FMCSR. Roadside vehicle inspection reports noting defects contained in subsection (D) on any vehicle where there is not ownership by the motor carrier must not be used or applied against the motor carrier when this information may affect the motor carrier's overall record of compliance with the FMCSR.
(G) Nothing in this section prevents a tenderer who is a railroad or a rail intermodal carrier and a motor carrier operator from agreeing to a different allocation of responsibility for compliance of a vehicle with the requirements of this section when the vehicle is owned or has been in the possession of or under the control of a railroad or rail intermodal carrier. This subsection does not apply to Section 56-5-4170(E).
(H) Nothing in this section is intended to eliminate the responsibility and obligation of a motor carrier and operator to maintain and operate vehicles in accordance with the FMCSR and applicable State and local laws and regulations.
(I) Except as provided in subsection (G) of this section, any provision contained in an intermodal interchange contract providing for a hold harmless or indemnity agreement, or both, between the motor carrier operator and the tenderer or owner of a vehicle, contrary to any provision of this section, is contrary to public policy and is null and void."
SECTION 2. This act takes effect upon approval by the Governor.
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