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House Journal: Page 594: Wednesday, March 11, 1998

 5   CREWS.
 6     1.  As used in this section, unless the context
 7   otherwise requires:
 8     a.  "Administrator" means the department's
 9   administrator for rail and water, or the
10   administrator's designee.
11     b.  "Certified railroad locomotive engineer" means
12   a person certified under 49 C.F.R. 240 as a train
13   service engineer, locomotive servicing engineer, or
14   student engineer.
15     c.  "Department" means the state department of
16   transportation.
17     d.  "Director" means the director of
18   transportation.
19     e.  "Qualified railroad trainperson" means a person
20   who has successfully completed a railroad carrier's
21   training program and passed an examination on railroad
22   operation rules.
23     2.  Any person operating or controlling a railroad
24   in this state shall not allow the operation of any
25   railroad train or locomotive in this state unless the
26   railroad train or locomotive has a crew of at least
27   two individuals.  One of the individuals shall be a
28   certified railroad locomotive engineer.  The other
29   individual shall be either a certified railroad
30   locomotive engineer or a qualified railroad
31   trainperson.  A certified railroad locomotive engineer
32   shall operate the control locomotive at all times that
33   the railroad train or locomotive is in motion.  The
34   other crew member may dismount the railroad train or
35   locomotive when necessary to perform switching
36   activities and other job-related duties.  However,
37   this subsection shall not apply to the extent that it
38   is contrary to or inconsistent with a regulation or
39   order of the federal railroad administration.
40     3.  The administrator may, pursuant to rules
41   adopted by the department, grant an exception to the
42   requirements of subsection 2 if the administrator
43   determines that the exception will not endanger the
44   life or property of any person.
45     4.  A person who violates this section is, upon
46   conviction for a first offense, subject to a "schedule
47   one" penalty as provided under section 327C.5.  A
48   person who violates this section is, upon conviction
49   for a second offense committed within three years of
50   the first offense, subject to a "schedule two" penalty

Page 2  

 1   as provided under section 327C.5.  A person who
 2   violates this section is, upon conviction for a third
 3   or subsequent offense committed within three years of
 4   the first offense, subject to a "schedule three"

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/00500/00594.html
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