Text: H08271 Text: H08273 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2482 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 "Section 1. NEW SECTION. 327F.21 RAILROAD TRAIN
1 5 CREWS.
1 6 1. As used in this section, unless the context
1 7 otherwise requires:
1 8 a. "Administrator" means the department's
1 9 administrator for rail and water, or the
1 10 administrator's designee.
1 11 b. "Certified railroad locomotive engineer" means
1 12 a person certified under 49 C.F.R. 240 as a train
1 13 service engineer, locomotive servicing engineer, or
1 14 student engineer.
1 15 c. "Department" means the state department of
1 16 transportation.
1 17 d. "Director" means the director of
1 18 transportation.
1 19 e. "Qualified railroad trainperson" means a person
1 20 who has successfully completed a railroad carrier's
1 21 training program and passed an examination on railroad
1 22 operation rules.
1 23 2. Any person operating or controlling a railroad
1 24 in this state shall not allow the operation of any
1 25 railroad train or locomotive in this state unless the
1 26 railroad train or locomotive has a crew of at least
1 27 two individuals. One of the individuals shall be a
1 28 certified railroad locomotive engineer. The other
1 29 individual shall be either a certified railroad
1 30 locomotive engineer or a qualified railroad
1 31 trainperson. A certified railroad locomotive engineer
1 32 shall operate the control locomotive at all times that
1 33 the railroad train or locomotive is in motion. The
1 34 other crew member may dismount the railroad train or
1 35 locomotive when necessary to perform switching
1 36 activities and other job-related duties. However,
1 37 this subsection shall not apply to the extent that it
1 38 is contrary to or inconsistent with a regulation or
1 39 order of the federal railroad administration.
1 40 3. The administrator may, pursuant to rules
1 41 adopted by the department, grant an exception to the
1 42 requirements of subsection 2 if the administrator
1 43 determines that the exception will not endanger the
1 44 life or property of any person.
1 45 4. A person who violates this section is, upon
1 46 conviction for a first offense, subject to a "schedule
1 47 one" penalty as provided under section 327C.5. A
1 48 person who violates this section is, upon conviction
1 49 for a second offense committed within three years of
1 50 the first offense, subject to a "schedule two" penalty
2 1 as provided under section 327C.5. A person who
2 2 violates this section is, upon conviction for a third
2 3 or subsequent offense committed within three years of
2 4 the first offense, subject to a "schedule three"
2 5 penalty as provided under section 327C.5."
2 6 #2. Title page, line 1, by inserting after the
2 7 words "relating to" the following: "railroad safety
2 8 by providing for a number of persons on a train crew
2 9 and".
2 10
2 11
2 12
2 13 KOENIGS of Mitchell
2 14 HF 2482.301 77
2 15 jm/cf/28
Text: H08271 Text: H08273 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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