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PAG LIN
1 1 Section 1. NEW SECTION. 327F.8 RAILROAD TRAIN CREWS –
1 2 PENALTY.
1 3 1. As used in this section, unless the context otherwise
1 4 requires:
1 5 a. "Certified railroad locomotive engineer" means a person
1 6 certified pursuant to 49 C.F.R. pt. 240 as a train service
1 7 engineer, locomotive servicing engineer, or student engineer.
1 8 b. "Qualified railroad train crew member" means a person
1 9 who has successfully completed a railroad carrier's training
1 10 program and passed an examination on railroad operation rules.
1 11 2. A person operating or controlling a railroad shall not
1 12 allow the operation of a railroad train or locomotive in this
1 13 state unless the railroad train or locomotive has a crew of at
1 14 least two individuals. One of the individuals shall be a
1 15 certified railroad locomotive engineer. The other individual
1 16 shall be either a certified railroad locomotive engineer or a
1 17 qualified railroad train crew member. A certified railroad
1 18 locomotive engineer shall operate the control locomotive when
1 19 the railroad train or locomotive is in motion. The other crew
1 20 member may dismount the railroad train or locomotive when
1 21 necessary to perform switching activities and other duties
1 22 required in the course of the crew member's job.
1 23 3. The state department of transportation, by rule, may
1 24 grant an exception to the requirements of subsection 2 if the
1 25 department determines that the exception will not endanger the
1 26 life or property of a person.
1 27 4. Subsection 2 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 5. A person who violates subsection 2 as a first offense
1 31 is subject to a schedule "one" penalty pursuant to section
1 32 327C.5; a second offense is punishable as a schedule "two"
1 33 penalty if the second offense is committed within three years;
1 34 and a third offense is punishable as a schedule "three"
1 35 penalty if the third offense is committed within three years.
2 1 EXPLANATION
2 2 This bill provides that a railroad train or locomotive
2 3 shall not be operated in this state without at least two crew
2 4 members, one of whom is a certified railroad locomotive
2 5 engineer and the other who is a certified railroad locomotive
2 6 engineer or a qualified railroad train crew member. The
2 7 certified railroad locomotive engineer shall operate the
2 8 control locomotive while it is in motion. The other crew
2 9 member may leave the train for switching or other duties. The
2 10 state department of transportation, by rule, may make an
2 11 exception to the two-crew requirement if it does not endanger
2 12 life or property.
2 13 A first offense is punishable as a schedule "one"
2 14 violation, which carries a penalty of $100 pursuant to Code
2 15 section 327C.5. A second offense within three years is
2 16 punishable as a schedule "two" violation and carries a penalty
2 17 of not less than $100 or more than $500. A third offense
2 18 within three years is punishable as a schedule "three"
2 19 violation and carries a penalty of not less than $500 or more
2 20 than $1,000.
2 21 LSB 4189SC 77
2 22 tj/jw/5
Text: SSB02121 Text: SSB02123 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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