Text: H01579                            Text: H01581
Text: H01500 - H01599                   Text: H Index
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House Amendment 1580

Amendment Text

PAG LIN
  1  1    Amend Senate File 350, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  Page 9, by inserting after line 31 the
  1  4 following:
  1  5    "Sec.    .  NEW SECTION.  327F.8  CLOSE-CLEARANCE
  1  6 WARNING DEVICES.
  1  7    1.  A railroad company shall place a warning device
  1  8 at a location where the close-clearance between a
  1  9 railway owned by the railroad company and a building,
  1 10 machinery, trees, brush, or other object is such that
  1 11 the building, machinery, trees, brush, or other object
  1 12 physically impedes a person who is lawfully riding the
  1 13 side of the train in the course of the person's duties
  1 14 in service to the railroad company from clearing the
  1 15 building, machinery, trees, brush, or other object.
  1 16    2.  The warning device shall be placed in a
  1 17 location which provides adequate notice to a person
  1 18 riding the side of a train so that the person may
  1 19 prepare for the close-clearance.
  1 20    3.  Placement of a warning device pursuant to this
  1 21 section does not relieve a railroad company from any
  1 22 duties required under chapter 317 or section 327F.27.
  1 23    4.  A violation of this section is punishable as a
  1 24 schedule "one" penalty under section 327C.5.
  1 25    Sec.    .  NEW SECTION.  327F.21  RAILROAD TRAIN
  1 26 CREWS.
  1 27    1.  As used in this section, unless the context
  1 28 otherwise requires:
  1 29    a.  "Cab" means the crew compartment of the engine
  1 30 of a railroad train or locomotive.
  1 31    b.  "Department" means the state department of
  1 32 transportation.
  1 33    c.  "Director" means the director of transportation
  1 34 or the director's designee.
  1 35    d.  "Qualified railroad locomotive engineer" means
  1 36 a person who has successfully completed a railroad
  1 37 carrier's training program for a train service
  1 38 engineer, locomotive servicing engineer, or student
  1 39 engineer and passed an examination on railroad
  1 40 operation rules.
  1 41    e.  "Qualified railroad trainperson" means a person
  1 42 who has successfully completed a railroad carrier's
  1 43 training program and passed an examination on railroad
  1 44 operation rules.
  1 45    2.  Any person operating or controlling a railroad
  1 46 in this state shall not allow the operation of any
  1 47 railroad train or locomotive in this state unless the
  1 48 railroad train or locomotive has a crew of at least
  1 49 two individuals.  One of the individuals shall be a
  1 50 qualified railroad locomotive engineer.  The other
  2  1 individual shall be either a qualified railroad
  2  2 locomotive engineer or a qualified railroad
  2  3 trainperson.  The qualified railroad locomotive
  2  4 engineer shall be present in the cab and operate the
  2  5 control locomotive at all times that the railroad
  2  6 train or locomotive is in motion.  The other crew
  2  7 member shall be present in the cab at all times the
  2  8 railroad train or locomotive is in motion, but may
  2  9 dismount the railroad train or locomotive when
  2 10 necessary to perform switching activities and other
  2 11 job-related duties.  However, this subsection shall
  2 12 not apply to the extent that it is contrary to or
  2 13 inconsistent with a regulation or order of the federal
  2 14 railroad administration.
  2 15    3.  The director may, pursuant to rules adopted by
  2 16 the department, grant an exception to the requirements
  2 17 of subsection 2 if the director determines that the
  2 18 exception will not endanger the life or property of
  2 19 any person.
  2 20    4.  A person who violates this section is, upon
  2 21 conviction for a first offense, subject to a schedule
  2 22 "one" penalty as provided under section 327C.5.  A
  2 23 person who violates this section is, upon conviction
  2 24 for a second offense committed within three years of
  2 25 the first offense, subject to a schedule "two" penalty
  2 26 as provided under section 327C.5.  A person who
  2 27 violates this section is, upon conviction for a third
  2 28 or subsequent offense committed within three years of
  2 29 the first offense, subject to a schedule "three"
  2 30 penalty as provided under section 327C.5."
  2 31    #2.  Title page, line 6, by striking the words "and
  2 32 bulk liquid transport" and inserting the following:
  2 33 "bulk liquid transport, and railroad safety and
  2 34 providing penalties".
  2 35    #3.  By renumbering as necessary.  
  2 36 
  2 37 
  2 38                               
  2 39 T. TAYLOR of Linn 
  2 40 SF 350.208 79
  2 41 nh/gg
     

Text: H01579                            Text: H01581
Text: H01500 - H01599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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