Text: HF00406 Text: HF00408 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 327F.21 RAILROAD TRAIN CREWS.
1 2 1. As used in this section, unless the context otherwise
1 3 requires:
1 4 a. "Cab" means the crew compartment of the engine of a
1 5 railroad train or locomotive.
1 6 b. "Department" means the state department of
1 7 transportation.
1 8 c. "Director" means the director of transportation or the
1 9 director's designee.
1 10 d. "Qualified railroad locomotive engineer" means a person
1 11 who has successfully completed a railroad carrier's training
1 12 program for a train service engineer, locomotive servicing
1 13 engineer, or student engineer and passed an examination on
1 14 railroad operation rules.
1 15 e. "Qualified railroad trainperson" means a person who has
1 16 successfully completed a railroad carrier's training program
1 17 and passed an examination on railroad operation rules.
1 18 2. Any person operating or controlling a railroad in this
1 19 state shall not allow the operation of any railroad train or
1 20 locomotive in this state unless the railroad train or
1 21 locomotive has a crew of at least two individuals. One of the
1 22 individuals shall be a qualified railroad locomotive engineer.
1 23 The other individual shall be either a qualified railroad
1 24 locomotive engineer or a qualified railroad trainperson. The
1 25 qualified railroad locomotive engineer shall be present in the
1 26 cab and operate the control locomotive at all times that the
1 27 railroad train or locomotive is in motion. The other crew
1 28 member shall be present in the cab at all times the railroad
1 29 train or locomotive is in motion, but may dismount the
1 30 railroad train or locomotive when necessary to perform
1 31 switching activities and other job-related duties. However,
1 32 this subsection shall not apply to the extent that it is
1 33 contrary to or inconsistent with a regulation or order of the
1 34 federal railroad administration.
1 35 3. The director may, pursuant to rules adopted by the
2 1 department, grant an exception to the requirements of
2 2 subsection 2 if the director determines that the exception
2 3 will not endanger the life or property of any person.
2 4 4. A person who violates this section is, upon conviction
2 5 for a first offense, subject to a schedule "one" penalty as
2 6 provided under section 327C.5. A person who violates this
2 7 section is, upon conviction for a second offense committed
2 8 within three years of the first offense, subject to a schedule
2 9 "two" penalty as provided under section 327C.5. A person who
2 10 violates this section is, upon conviction for a third or
2 11 subsequent offense committed within three years of the first
2 12 offense, subject to a schedule "three" penalty as provided
2 13 under section 327C.5.
2 14 EXPLANATION
2 15 This bill provides that a person shall not operate a
2 16 railroad in this state unless the railroad train or locomotive
2 17 has a crew of at least two individuals. The two individuals
2 18 shall consist of two qualified railroad locomotive engineers
2 19 or a qualified railroad locomotive engineer and a qualified
2 20 railroad trainperson. The bill provides that the director of
2 21 transportation, or the director's designee, may allow an
2 22 exception to the requirements under certain circumstances.
2 23 The bill provides that a first violation of this new Code
2 24 section is subject to a penalty of $100, a second violation
2 25 within three years is subject to a penalty of between $100 and
2 26 $500, and a third or subsequent violation within three years
2 27 of the first violation is subject to a penalty of between $500
2 28 and $1,000.
2 29 LSB 2371YH 79
2 30 nh/gg/8.1
Text: HF00406 Text: HF00408 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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