HB 1405 – AS INTRODUCED
2010 SESSION
06/03
HOUSE BILL 1405
AN ACT relative to reverse signal operation safety requirements for construction equipment.
SPONSORS: Rep. Baldasaro, Rock 3; Rep. Swinford, Belk 5; Rep. Sapareto, Rock 5; Rep. Griffin, Rock 4
This bill establishes reverse signal operation safety requirements for construction equipment.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2552
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to reverse signal operation safety requirements for construction equipment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known as Rob’s Law.
2 New Subdivision; Reverse Signal Operation Safety for Construction Equipment. Amend RSA 265 by inserting after section 159 the following new subdivision:
Reverse Signal Operation Safety for Construction Equipment
265:160 Applicability. This subdivision shall apply to all construction equipment capable of operating in reverse and with an obstructed view to the rear, whether intended for operation in off-road work zones or over the road transportation or hauling. As used in this subdivision, “obstructed view to the rear” means anything that interferes with the overall view of the operator of the equipment to the rear of the equipment at ground level, and includes, but is not limited to, such obstacles as any part of the equipment, its load, its height relative to ground level viewing, damage to windows or side mirrors used for rearview movement of the equipment, restricted visibility due to weather conditions, or work being done after dark without proper lighting.
265:161 Requirements.
I. No individual shall operate any construction equipment in reverse unless:
(a) Such equipment has a reverse signal alarm audible above the surrounding noise level; and
(b) Such equipment is operated in reverse only when a designated observer signals that it is safe to do so or before operating such equipment in reverse, the driver visually determines that no individual is in the path of such equipment.
II. Any construction equipment that was not equipped with a reverse-signal alarm upon manufacture or was not later retrofitted with an alarm is exempt from subparagraph I(a). If the manufacturer of the construction equipment offered the owner a reverse signal alarm retrofit package at a reasonable and economically feasible cost and the owner did not have the retrofit package installed, this exemption shall not apply.
III. Where immediate correction is not feasible, construction equipment equipped with a reverse signal alarm that is not operational or is not functioning properly shall be either:
(a) Operated in reverse only when a designated observer signals that it is safe to do so; or
(b) Removed from service until the reverse signal alarm is repaired.
IV. Construction equipment with operable video or similar technological capability used by the driver and capable of providing the driver with a full view behind the equipment is exempt from subparagraph I(b).
265:162 Duties of Designated Observers and Drivers.
I. Any individual who is the designated observer during reverse signaling activities shall:
(a) Engage in activities related to the construction equipment being signaled.
(b) Refrain from the use of personal cellular phones, personal head phones, or similar items that could pose a distraction for the designated observer.
(c) Wear during daytime operations a safety vest or jacket in orange, yellow, strong yellow green, or fluorescent versions of these colors.
(d) Wear during nighttime operations a safety vest or jacket with retroreflective material in orange, yellow, white, silver, strong yellow green, or a fluorescent version of these colors that are visible at a minimum distance of 1,000 feet.
(e) Always maintain visual contact with the driver of the construction equipment while it is operating in reverse.
(f) Maintain a safe working distance from the construction equipment.
II. When using a designated observer, no driver of construction equipment shall operate in reverse unless he or she maintains constant visual contact with the designated observer. If visual contact is lost, the driver shall immediately stop the equipment until visual contact is regained and a positive indication is received from the designated observer to restart reverse operations.
3 Effective Date. This act shall take effect July 1, 2012.