Text: HF02071 Text: HF02073 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 327F.8 CLOSE CLEARANCE WARNING
1 2 DEVICES.
1 3 1. A railroad company shall place a warning device at a
1 4 location where the close clearance between a railway owned by
1 5 the railroad company and a building, machinery, trees, brush,
1 6 or other object is such that the building, machinery, trees,
1 7 brush, or other object physically impedes a person who is
1 8 lawfully riding the side of the train in the course of the
1 9 person's duties in service to the railroad company from
1 10 clearing the building, machinery, trees, brush, or other
1 11 object.
1 12 2. The warning device shall be placed in a location which
1 13 provides adequate notice to a person riding the side of a
1 14 train so that the person may prepare for the close clearance.
1 15 3. Placement of a warning device pursuant to this section
1 16 does not relieve a railroad company from any duties required
1 17 under chapter 317 or section 327F.27.
1 18 4. A violation of this section is punishable as a schedule
1 19 "one" penalty under section 327C.5.
1 20 Sec. 2. NEW SECTION. 327F.21 RAILROAD TRAIN CREWS.
1 21 1. As used in this section, unless the context otherwise
1 22 requires:
1 23 a. "Administrator" means the department's administrator
1 24 for rail and water, or the administrator's designee.
1 25 b. "Certified railroad locomotive engineer" means a person
1 26 certified under 49 C.F.R. 240 as a train service engineer,
1 27 locomotive servicing engineer, or student engineer.
1 28 c. "Department" means the state department of
1 29 transportation.
1 30 d. "Director" means the director of transportation.
1 31 e. "Qualified railroad trainperson" means a person who has
1 32 successfully completed a railroad carrier's training program
1 33 and passed an examination on railroad operation rules.
1 34 2. Any person operating or controlling a railroad in this
1 35 state shall not allow the operation of any railroad train or
2 1 locomotive in this state unless the railroad train or
2 2 locomotive has a crew of at least two individuals. One of the
2 3 individuals shall be a certified railroad locomotive engineer.
2 4 The other individual shall be either a certified railroad
2 5 locomotive engineer or a qualified railroad trainperson. A
2 6 certified railroad locomotive engineer shall operate the
2 7 control locomotive at all times that the railroad train or
2 8 locomotive is in motion. The other crew member may dismount
2 9 the railroad train or locomotive when necessary to perform
2 10 switching activities and other job-related duties. However,
2 11 this subsection shall not apply to the extent that it is
2 12 contrary to or inconsistent with a regulation or order of the
2 13 federal railroad administration.
2 14 3. The administrator may, pursuant to rules adopted by the
2 15 department, grant an exception to the requirements of
2 16 subsection 2 if the administrator determines that the
2 17 exception will not endanger the life or property of any
2 18 person.
2 19 4. A person who violates this section is, upon conviction
2 20 for a first offense, subject to a schedule "one" penalty as
2 21 provided under section 327C.5. A person who violates this
2 22 section is, upon conviction for a second offense committed
2 23 within three years of the first offense, subject to a schedule
2 24 "two" penalty as provided under section 327C.5. A person who
2 25 violates this section is, upon conviction for a third or
2 26 subsequent offense committed within three years of the first
2 27 offense, subject to a schedule "three" penalty as provided
2 28 under section 327C.5.
2 29 Sec. 3. NEW SECTION. 327F.32 RAILROAD ACCIDENTS –
2 30 EMPLOYEE LEAVE AND TRAUMA COUNSELING.
2 31 1. A railroad company shall make trauma counseling
2 32 available to an employee of the railroad company involved in
2 33 an accident on a railway or right-of-way under the control of
2 34 the company if the accident results in the death of or serious
2 35 bodily injury to a person. The counseling shall be made
3 1 available to the employee within forty-eight hours of the
3 2 accident.
3 3 2. An employee involved in an accident described in
3 4 subsection 1 shall be given leave from duty with compensation
3 5 and applicable benefits for a minimum of three days following
3 6 the accident. If the railroad company makes an affirmative
3 7 showing that the accident was due to the negligence or willful
3 8 act of an employee involved in an accident described in
3 9 subsection 1, the leave provided to the employee who acted
3 10 negligently or willfully may be provided without compensation
3 11 and benefits.
3 12 3. An engineer returning to duty following leave provided
3 13 pursuant to subsection 2 shall, upon request, be assigned an
3 14 assistant engineer or other qualified person to accompany the
3 15 engineer for such time as may be necessary to guarantee the
3 16 public safety or until a qualified medical practitioner
3 17 determines that the engineer does not suffer from a
3 18 posttraumatic stress disorder.
3 19 4. The director shall adopt rules for administration and
3 20 enforcement of this section.
3 21 Sec. 4. Section 327F.39, Code 1999, is amended by adding
3 22 the following new subsection:
3 23 NEW SUBSECTION. 5A. HOURS OF SERVICE FOR DRIVERS. The
3 24 director shall adopt rules relating to the maximum number of
3 25 hours of service which can be provided by persons who are
3 26 employed by or under contract with a railroad company to
3 27 provide transportation for railroad workers to and from their
3 28 places of employment or during the course of their employment.
3 29 EXPLANATION
3 30 This bill makes several Code changes relating to railroads.
3 31 It creates new Code section 327F.8, requiring railroads to
3 32 place warning devices at locations where there is close
3 33 clearance between an object and a railway which physically
3 34 impedes a person lawfully riding the side of a train in the
3 35 course of the person's duties in service to the railroad from
4 1 clearing the object. Failure to place such a warning device
4 2 is punishable by a schedule "one" penalty of $100 pursuant to
4 3 Code section 327C.5.
4 4 The bill also creates new Code section 327F.21, which
4 5 provides that a person shall not operate a railroad in this
4 6 state unless the railroad train or locomotive has a crew of at
4 7 least two individuals. The two individuals shall consist of
4 8 two certified railroad engineers or a certified railroad
4 9 engineer and a qualified railroad trainperson. The bill
4 10 provides that the state department of transportation's
4 11 administrator for rail and water, or the administrator's
4 12 designee, may allow an exception to the requirements of this
4 13 section under certain circumstances. The bill provides that a
4 14 first violation of this new Code section is subject to a
4 15 penalty of $100, a second violation within three years is
4 16 subject to a penalty of between $100 and $500, and a third or
4 17 subsequent violation within three years of the first violation
4 18 is subject to a penalty of between $500 and $1,000.
4 19 The bill creates new Code section 327F.32, which requires a
4 20 railroad company to provide trauma counseling and leave to
4 21 railroad employees involved in an accident on a railway or
4 22 railroad right of way if the accident involved the death of or
4 23 serious bodily injury to a person. The counseling shall be
4 24 made available within 48 hours of an accident. The leave
4 25 shall be for a minimum of three days following the accident
4 26 and shall be provided with compensation and benefits unless
4 27 the railroad company shows that the accident was due to the
4 28 negligence or willful act of the employee.
4 29 New Code section 327F.32 also provides that an engineer to
4 30 whom leave was provided under the bill shall, upon returning
4 31 to duty, be assigned an assistant engineer or other qualified
4 32 person to accompany the engineer if the engineer so requests.
4 33 The assistant engineer or other qualified person shall
4 34 accompany the engineer for such time as may be necessary to
4 35 guarantee the public safety or until a qualified medical
5 1 practitioner determines that the engineer does not suffer from
5 2 a posttraumatic stress disorder.
5 3 The bill also requires the director of transportation to
5 4 adopt rules relating to the maximum number of hours of service
5 5 which can be provided by persons employed by or under contract
5 6 with a railroad to provide transportation for railroad workers
5 7 to and from their places of employment or during the course of
5 8 their employment.
5 9 LSB 5010HH 78
5 10 nh/as/5
Text: HF02071 Text: HF02073 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 2 03:35:15 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/02000/HF02072/000125.html
jhf