Text: S05381 Text: S05383 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2482, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 "Sec. ___. NEW SECTION. 327F.21 RAILROAD TRAIN
1 6 CREWS.
1 7 1. As used in this section, unless the context
1 8 otherwise requires:
1 9 a. "Administrator" means the department's
1 10 administrator for rail and water, or the
1 11 administrator's designee.
1 12 b. "Certified railroad locomotive engineer" means
1 13 a person certified under 49 C.F.R. 240 as a train
1 14 service engineer, locomotive servicing engineer, or
1 15 student engineer.
1 16 c. "Department" means the state department of
1 17 transportation.
1 18 d. "Director" means the director of
1 19 transportation.
1 20 e. "Qualified railroad trainperson" means a person
1 21 who has successfully completed a railroad carrier's
1 22 training program and passed an examination on railroad
1 23 operation rules.
1 24 2. Any person operating or controlling a railroad
1 25 in this state shall not allow the operation of any
1 26 railroad train or locomotive in this state unless the
1 27 railroad train or locomotive has a crew of at least
1 28 two individuals. One of the individuals shall be a
1 29 certified railroad locomotive engineer. The other
1 30 individual shall be either a certified railroad
1 31 locomotive engineer or a qualified railroad
1 32 trainperson. A certified railroad locomotive engineer
1 33 shall operate the control locomotive at all times that
1 34 the railroad train or locomotive is in motion. The
1 35 other crew member may dismount the railroad train or
1 36 locomotive when necessary to perform switching
1 37 activities and other job-related duties. However,
1 38 this subsection shall not apply to the extent that it
1 39 is contrary to or inconsistent with a regulation or
1 40 order of the federal railroad administration.
1 41 3. The administrator may, pursuant to rules
1 42 adopted by the department, grant an exception to the
1 43 requirements of subsection 2 if the administrator
1 44 determines that the exception will not endanger the
1 45 life or property of any person.
1 46 4. A person who violates this section is, upon
1 47 conviction for a first offense, subject to a "schedule
1 48 one" penalty as provided under section 327C.5. A
1 49 person who violates this section is, upon conviction
1 50 for a second offense committed within three years of
2 1 the first offense, subject to a "schedule two" penalty
2 2 as provided under section 327C.5. A person who
2 3 violates this section is, upon conviction for a third
2 4 or subsequent offense committed within three years of
2 5 the first offense, subject to a "schedule three"
2 6 penalty as provided under section 327C.5."
2 7 #2. Title page, line 1, by inserting after the
2 8 word "to" the following: "railroad safety and".
2 9 #3. By renumbering as necessary.
2 10
2 11
2 12
2 13 MICHAEL E. GRONSTAL
2 14 HF 2482.3
2 15 jm/cc/26
Text: S05381 Text: S05383 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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