It is enacted by the General Assembly as follows:

SECTION 1. Section 31-27-5 of the General Laws in Chapter 31-27 entitled "Size, Weight and Load Limits" is hereby amended to read as follows:

{ADD 31-27-5. Maximum driving and on-duty time. -- ADD} {ADD (a) ADD} Except as provided in subdivision {DEL (3) DEL} {ADD (b) ADD} of this section, no motor carrier shall permit or require any driver used by it to drive nor shall any driver drive:

(1) More than ten (10) hours following eight (8) consecutive hours off duty, or

(2) For any period after having been on duty fifteen (15) hours following eight (8) consecutive hours off duty.

{DEL (3) DEL} {ADD (b) ADD} Exemptions. {DEL (i) DEL} {ADD (1) ADD} Drivers using sleeper-berth equipment as defined in section 393.76 of the federal motor carrier safety regulations may cumulate the required eight (8) consecutive hours off duty resting in a sleeper-berth in two (2) separate periods totaling eight (8) hours, neither period to be less than two (2) hours.

{DEL (ii) DEL} {ADD (2) ADD} The provisions of subdivision {ADD (a) ADD} (1) and (2) of this section shall not apply with respect to drivers used wholly in driving motor vehicles having not more than two (2) axles and whose gross weight, does not exceed ten thousand pounds (10,000 lbs.) unless the vehicle is used to transport passengers or explosive or other dangerous articles of such type and in such quantity as to require the vehicle to be specifically marked or placarded under the Federal Hazardous Material Regulations (prescribed in code of federal regulations, title 49, section 177.823) or when operated without cargo under conditions which require the vehicle to be so marked or placarded under the cited regulations; provided further, however, that this shall not apply with respect to drivers of motor vehicles engaged solely in making deliveries for retail stores during the period from December 10 to December 25, both inclusive, of each year.

{DEL (iii) DEL} {ADD (3) ADD} A driver who encounters adverse driving conditions and cannot, because of those conditions, safely complete the run within the ten (10) hour maximum driving time permitted by subdivision {ADD (a) ADD} (1) may drive and be permitted or require to drive a motor vehicle for not more than two (2) additional hours in order to complete that run or to reach a place offering safety for vehicle occupants and security for the vehicle and its cargo. However, that driver may not drive or be permitted or required to drive:

{DEL (A) DEL} {ADD (i) ADD} For more than twelve (12) hours in the aggregate following eight (8) consecutive hours off duty; or

{DEL (B) DEL} {ADD (ii) ADD} After the driver has been on duty fifteen (15) hours following eight (8) consecutive hours off duty.

{DEL (C) DEL} {ADD (iii) ADD} "Adverse driving conditions" means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.

{ADD (4) Driver-salesperson. The provisions of section 395.3(b) of the federal motor carrier safety regulations shall not apply to any driver-salesperson whose total driving time does not exceed forty (40) hours in any period of seven (7) consecutive days. ADD}

{ADD (5) 100-air mile radius driver. A driver is exempt from the requirements of section 395.8 of the federal motor carrier safety regulations if: ADD}

{ADD (a) The driver operates within a 100 air-mile radius of the normal work reporting location; ADD}

{ADD (b) The driver, except a driver salesperson, returns to the work reporting location and is released from work within twelve (12) consecutive hours; ADD}

{ADD (c) At least eight (8) consecutive hours off duty separate each twelve (12) hours on duty; ADD}

{ADD (d) The driver does not exceed ten (10) hours maximum driving time following eight (8) consecutive hours off duty; and ADD}

{ADD (e) The motor carrier that employs the driver maintains and retains for a period of six (6) months accurate and true time records showing: ADD}

{ADD (i) The time the driver reports for duty each day; ADD}

{ADD (ii) The total number of hours the driver is on duty each day; ADD}

{ADD (iii) The time the driver is released from duty each day; and ADD}

{ADD (iv) The total time for the preceding seven (7) days in accordance with section 395.8 (i)(2) of the federal motor carrier safety regulations for drivers used for the first time or intermittently. ADD}

{ADD (6) Travel time. When a driver at the direction of the motor carrier is traveling but not driving or assuming any other responsibility to the carrier, such time shall be counted as on-duty time unless the driver is afforded at least eight (8) consecutive hours off duty when arriving at destination in which case he or she shall be considered off duty for the entire period. ADD}

{ADD (c) Every motor carrier shall require every driver used by the motor carrier to record his or her duty status for each twenty-four (24) hour period using the methods prescribed in paragraphs (a)(1) or (2) of section 395.8 of the federal motor carrier safety regulations. ADD}

{ADD (1) Failure to possess or maintain a current record of duty status shall result in a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00). ADD}

{ADD (2) Maintaining a record of duty status that does not accurately reflect the drivers actual activities and duty status (including time and location of each duty status change and the time spent in each duty status) in an apparent attempt to conceal a violation of an hours of service limitation, shall result in a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00). ADD}

{DEL (4) DEL} {ADD (d) ADD} Drivers may be declared out of service for violations of this section or title 49 of the code of federal regulations, part 395.

SECTION 2. This act shall take effect upon passage.