Text: SF02233 Text: SF02235 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 327F.21 RAILROAD TRAIN CREWS.
1 2 1. As used in this section, unless the context otherwise
1 3 requires:
1 4 a. "Administrator" means the department's administrator
1 5 for rail and water, or the administrator's designee.
1 6 b. "Certified railroad locomotive engineer" means a person
1 7 certified under 49 C.F.R. 240 as a train service engineer,
1 8 locomotive servicing engineer, or student engineer.
1 9 c. "Department" means the state department of
1 10 transportation.
1 11 d. "Director" means the director of transportation.
1 12 e. "Qualified railroad trainperson" means a person who has
1 13 successfully completed a railroad carrier's training program
1 14 and passed an examination on railroad operation rules.
1 15 2. Any person operating or controlling a railroad in this
1 16 state shall not allow the operation of any railroad train or
1 17 locomotive in this state unless the railroad train or
1 18 locomotive has a crew of at least two individuals. One of the
1 19 individuals shall be a certified railroad locomotive engineer.
1 20 The other individual shall be either a certified railroad
1 21 locomotive engineer or a qualified railroad trainperson. A
1 22 certified railroad locomotive engineer shall operate the
1 23 control locomotive at all times that the railroad train or
1 24 locomotive is in motion. The other crew member may dismount
1 25 the railroad train or locomotive when necessary to perform
1 26 switching activities and other job-related duties. However,
1 27 this subsection shall not apply to the extent that it is
1 28 contrary to or inconsistent with a regulation or order of the
1 29 federal railroad administration.
1 30 3. The administrator may, pursuant to rules adopted by the
1 31 department, grant an exception to the requirements of
1 32 subsection 2 if the administrator determines that the
1 33 exception will not endanger the life or property of any
1 34 person.
1 35 4. A person who violates this section is, upon conviction
2 1 for a first offense, subject to a "schedule one" penalty as
2 2 provided under section 327C.5. A person who violates this
2 3 section is, upon conviction for a second offense committed
2 4 within three years of the first offense, subject to a
2 5 "schedule two" penalty as provided under section 327C.5. A
2 6 person who violates this section is, upon conviction for a
2 7 third or subsequent offense committed within three years of
2 8 the first offense, subject to a "schedule three" penalty as
2 9 provided under section 327C.5.
2 10 EXPLANATION
2 11 This bill provides that a person shall not operate a
2 12 railroad in this state unless the railroad train or locomotive
2 13 has a crew of at least two individuals. The two individuals
2 14 shall consist of two certified railroad engineers or a
2 15 certified railroad engineer and a qualified railroad
2 16 trainperson. The bill provides that the state department of
2 17 transportation's administrator for rail and water, or the
2 18 administrator's designee, may allow an exception to the
2 19 requirements of this section under certain circumstances. The
2 20 bill provides that a first violation of this new Code section
2 21 is subject to a penalty of $100, a second violation within
2 22 three years is subject to a penalty of between $100 and $500,
2 23 and a third or subsequent violation within three years of the
2 24 first violation is subject to a penalty of between $500 and
2 25 $1,000.
2 26 LSB 3709XS 77
2 27 ec/sc/14
Text: SF02233 Text: SF02235 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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