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Under current law, the brunt of
responsibility for equipment safety and compliance with federal and state
regulations concerning intermodal chassis is placed on port drivers.
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These safety obligations initiate with and truly
belong to the shipping companies, steamship lines, and/or marine terminal
operators who control and/or own the equipment.
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The trucking companies and commercial drivers
that service the ports do not own the chassis, but are obligated by marine
terminal operators to use the chassis provided to transport intermodal
containers to and from the port.
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The motor carriers and drivers are legally
responsible for the condition of the chassis when it is on the highway, yet
they have no control over the maintenance of that equipment.
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Besides the fact that port drivers are unfairly
saddled with these obligations, they are the least capable of ensuring or
policing compliance with existing regulations.
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Experience has shown that drivers who act as
whistle-blowers are often terminated or blackballed when they lodge
safety-related complaints against the motor carriers with whom they are
under lease or the steamship lines that own the containers and/or chassis.
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Because some of these drivers are
“owner-operators,” they are not protected by the state and federal labor
regulations that protect “employees” from harassment and retaliation.
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For these reasons, holding port drivers
accountable for the actions of other entities will only result in a
continuation of existing problems and violations, not compliance with state
and federal laws.
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The bill would return these obligations (and
attendant penalties) to the responsible parties—the shipping companies,
steamship lines, and marine terminal operators—those who control the
equipment.
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The bill would require equipment controllers to
inspect and repair intermodal equipment to meet all Federal Motor Carriers
Safety Regulations (FMCSRs) prior to offering it for interchange, and to
certify and document that such inspections have been performed.
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The legislation also requires that a citation
issued for the violation of any state or federal law related to the
defective condition of an intermodal chassis subject to inspection that is
not owned by that motor carrier or commercial driver, will not affect the
motor carrier’s overall safety rating or the motor carrier agent’s driving
record.
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The Secretary of Transportation is required to
establish a process to correct records or reports of violations that should
not have impacted the motor carrier or motor carrier agent’s safety record.
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The Secretary is authorized to enter the
facility of the equipment controller to inspect and determine if equipment
meets FMCSRs, and to establish an inspection and audit program to assure
compliance.
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Equipment found not to comply with FMCSRs could
be placed out-of-service.
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