Text: SF00163 Text: SF00165 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 88.5, Code 1997, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 13. TRANSPORTATION OF RAILROAD EMPLOYEES
1 4 AND EQUIPMENT.
1 5 a. DEFINITIONS. As used in this subsection, unless the
1 6 context otherwise requires:
1 7 (1) "Motor vehicle" means those vehicles as defined in
1 8 section 321.1 which are subject to registration and which are
1 9 provided by a railroad company and used to transport railroad
1 10 workers to and from their places of employment or during the
1 11 course of their employment.
1 12 (2) "Place of employment" means that location where one or
1 13 more workers are actually performing the labor incident to
1 14 their employment.
1 15 (3) "Worker" means an individual employed for any period
1 16 in work for which the individual is compensated, whether full-
1 17 time or part-time.
1 18 b. COMPLIANCE WITH REGULATIONS. Motor vehicles shall
1 19 comply with all of the following:
1 20 (1) Meet all state and federal regulations pertaining to
1 21 safe construction and maintenance including their coupling
1 22 devices, lighting devices and reflectors, motor exhaust
1 23 systems, rear-vision mirrors, service and parking brakes,
1 24 steering mechanisms, tires, warning and signaling devices, and
1 25 windshield wipers.
1 26 (2) Meet all state and federal requirements for safety
1 27 devices, first-aid kits, and sidewalls, canopies, tailgates,
1 28 or other means of retaining freight safely.
1 29 (3) Be operated in compliance with all state and federal
1 30 regulations pertaining to driving, loading, carrying freight
1 31 and employees, road warning devices, and the transportation of
1 32 flammable material.
1 33 c. MOTOR VEHICLE MAINTAINED IN SAFE MANNER. A motor
1 34 vehicle shall be maintained in a safe manner at all times,
1 35 whether or not used upon a public highway.
2 1 d. HEATING SYSTEM. Motor vehicles shall have a safe
2 2 heating system to maintain a reasonable comfort level in those
2 3 spaces of the vehicle where the workers are required to ride.
2 4 e. RULE VIOLATIONS. If the commissioner finds that a
2 5 motor vehicle is in violation of a rule adopted pursuant to
2 6 this subsection, the commissioner shall enter against the
2 7 owner of the motor vehicle an order as necessary to protect
2 8 the safety of workers transported in the motor vehicle. The
2 9 commissioner may direct in the order, as a condition to the
2 10 continued use of the motor vehicle, that additions, repairs,
2 11 improvements, or changes be made and that safety devices and
2 12 safeguards be furnished and used as required to satisfy the
2 13 rules in the manner and within the time specified in the
2 14 order. The order may also require that any driver of the
2 15 motor vehicle satisfy the minimum standards for a driver under
2 16 the rules.
2 17 f. HOURS OF SERVICE. A person who transports workers in
2 18 Iowa on behalf of a railroad company shall not perform the
2 19 transportation service in excess of twelve hours in any
2 20 twenty-four-hour period.
2 21 g. INSURANCE. A person who transports workers in Iowa on
2 22 behalf of a railroad company shall be insured by an insurance
2 23 company licensed to do business in this state, with a minimum
2 24 liability of five hundred thousand dollars for damage to
2 25 property of others, including baggage but excluding property
2 26 of the insured, or to property hired or leased by the insured,
2 27 and for the bodily injury or death of others, excluding
2 28 employees of the insured engaged in the course of their
2 29 employment, resulting from accident or collision for which the
2 30 owner railroad company or the railroad company's agents or
2 31 servants may be liable, due to negligent operation.
2 32 h. PENALTY. The owner of a motor vehicle violating this
2 33 subsection, a rule adopted pursuant to this subsection, or an
2 34 order issued pursuant to this subsection, or willfully failing
2 35 to comply with such an order is, upon conviction, subject to a
3 1 penalty of one hundred dollars.
3 2 i. ENFORCEMENT. This section shall be enforced by the
3 3 commissioner upon receipt of a written complaint.
3 4 Sec. 2. Section 327F.39, Code 1997, is repealed.
3 5 EXPLANATION
3 6 This bill provides that the transportation of railroad
3 7 employees and equipment shall be regulated by the labor
3 8 commissioner under chapter 88 (occupational safety and health)
3 9 rather than by the administrator for rail and water of the
3 10 state department of transportation under chapter 327F
3 11 (construction and operation of railways). The bill adds to
3 12 the current provisions regulating the transportation of
3 13 railroad workers and equipment the following:
3 14 1. That motor vehicles used for transportation have a safe
3 15 and effective heating system.
3 16 2. That a person performing a railroad transportation
3 17 service not do so for more than 12 hours in any 24-hour
3 18 period.
3 19 3. That a person transporting railroad workers in Iowa be
3 20 insured in the amount of $500,000 for property damage, and
3 21 bodily injury or death.
3 22 The penalty for a violation of the provisions governing the
3 23 transportation of railroad workers and equipment continues to
3 24 be a penalty of $100.
3 25 LSB 2301SS 77
3 26 mk/sc/14.1
Text: SF00163 Text: SF00165 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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