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Senate Study Bill 2122

Bill Text

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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