S.F. 267 Section 1. NEW SECTION . 327F.10 Minimum clear space 1 requirements for bridges, structures, poles, and other 2 obstructions. 3 1. Overhead clearances. 4 a. The minimum overhead clearance above a railroad track 5 that is used or proposed to be used for transporting freight 6 cars shall be twenty-two feet, except as otherwise provided in 7 this subsection. 8 b. The overhead clearance above the top rail of tracks 9 located at the entrance to or inside a building may be 10 less than twenty-two feet but not less than eighteen feet. 11 However, if an overhead clearance of less than twenty-two 12 feet exists above tracks inside a building, the movement of 13 railway equipment shall be brought to a stop before entering 14 the building. In switching movements requiring a number of 15 entries, stopping is required only upon initial entry. 16 c. This subsection does not apply to electric wires or 17 equipment required above tracks for the operation of trains by 18 electric energy, provided that a carrier that conducts such an 19 operation adopts and enforces rules which prohibit an employee 20 from being on top of a rail car while the car is being operated 21 under lower clearances than those provided in this subsection. 22 d. The overhead clearances provided in this subsection do 23 not apply to engine houses, engine house facilities, tipples, 24 or facilities used for servicing rail cars or for loading or 25 unloading bulk commodities if compliance is not reasonably 26 practicable. 27 e. The department of transportation may waive the 28 requirements of this subsection for structures constructed 29 before January 1, 2012, if the waiver will not adversely affect 30 the safety of the public or employees of the railroad. 31 2. Side clearances. 32 a. The minimum side clearance from the center line of 33 tangent railroad tracks that are used or proposed to be 34 used for transporting freight cars shall conform with the 35 -1- LSB 2212XS (4) 84 dea/nh 1/ 15

S.F. 267 requirements of this subsection, except that structures, 1 including platforms and tracks, constructed or under 2 construction prior to January 1, 2012, may be maintained at 3 clearances existing prior to that date, and may be extended at 4 existing clearances unless such an extension is in connection 5 with reconstruction of the original platform. 6 b. The minimum side clearance between the center line of 7 the track and any structure or obstruction above the top of the 8 rail, except structures or obstructions specifically exempted 9 under this subsection, shall be twelve feet. 10 c. (1) A platform that is four feet or less above the top 11 of the rail, except a platform adjacent to main or passing 12 tracks, may be less than eight feet six inches from the center 13 line of the track on one side of such track if a full clearance 14 of at least eight feet six inches is maintained on the opposite 15 side of the track or the distance from the center of the track 16 to the center of the adjacent track is not less than fourteen 17 feet. 18 (2) A platform that is four feet six inches or less above 19 the top of the rail, if used principally for loading or 20 unloading refrigerator cars, shall not be less than eight feet 21 from the center line of the track. 22 (3) A low passenger platform that is eight inches or less 23 above the top rail shall not be less than five feet one inch 24 from the center line of the track. A high passenger platform 25 that is four feet or less above the top rail shall not be less 26 than five feet seven inches from the center line of the track. 27 (4) Platforms constructed before January 1, 2012, with less 28 than the clearances prescribed in this paragraph “c” may be 29 extended at such lesser clearances unless the extension is in 30 connection with reconstruction of the original platform. 31 d. The side clearance, other than for platforms, on sidings 32 only, at an entrance to a building or inside a building shall 33 not be less than eight feet from the center line of the track. 34 e. Switchboxes, switch-operating mechanisms, and 35 -2- LSB 2212XS (4) 84 dea/nh 2/ 15

S.F. 267 accessories necessary for the control or operation of signals 1 or interlockers projecting four inches or less above the top 2 rail shall not be less than three feet from the center line of 3 the track. 4 f. The center spindle of signal and switch stands three 5 feet or less above the top of the rail and located between 6 tracks, if not practicable to provide the clearances otherwise 7 prescribed in this subsection, shall not be less than six feet 8 from the center line of the track. 9 g. Through bridges supporting affected track, tunnels, water 10 columns, or oil columns shall not be less than eight feet from 11 the center line of the track, except where special protection 12 is required for unusual commodities. 13 h. (1) The clearance for through bridges supporting 14 affected track, water barrel platforms or refuge platforms on 15 bridges or trestles not provided with walkways, handrails, 16 water barrels, water columns, block signals, cattle guards, 17 and stock chutes, if all or portions thereof are four feet or 18 less above the top of the rail, may be decreased to the extent 19 defined by a line extending diagonally upward from a point 20 level with the top of the rail and five feet distant laterally 21 from the center line of the track to a point four feet above 22 the top of the rail and eight feet distant laterally from the 23 center line of the track. However, the minimum clearance for 24 handrails or water barrels on bridges with walkways shall be 25 seven feet nine inches, and the minimum clearance for fences 26 for cattle guards shall be six feet nine inches. 27 (2) The lesser clearances authorized in subparagraph (1) 28 for handrails and water barrels do not apply to through bridges 29 if the work of train workers or yard workers requires the 30 workers to be on the decks of such bridges for the purpose of 31 coupling or uncoupling cars in the performance of switching 32 service on a switching lead. 33 i. The side clearances specified in this subsection do 34 not apply to mail cranes when the arms of the mail cranes are 35 -3- LSB 2212XS (4) 84 dea/nh 3/ 15

S.F. 267 supporting mail sacks for delivery, if the top arm is not 1 higher than ten feet eight inches above the top of the rail and 2 neither arm extends within six feet five inches from the center 3 line of the track. 4 j. Icing platforms and supports shall have a minimum side 5 clearance of eight feet. Except in emergencies, operations 6 over portions of track adjacent to icing platforms constructed 7 before January 1, 2012, with a side clearance of less than 8 eight feet shall be restricted to the movement or switching 9 of trains containing refrigerator cars to be iced and to the 10 necessary use of such tracks for the unloading of supplies 11 required for the operation of an icing dock. 12 k. The side clearances specified in this section do not 13 apply to the following: 14 (1) Intertrack fences located on the center line between 15 tracks. 16 (2) Engine houses, engine house facilities, tipples, or 17 facilities used for servicing rail cars or for loading or 18 unloading bulk commodities if compliance is not reasonably 19 practicable. 20 (3) Car retarders, derails, switch point protectors, 21 guardrails, and similar appurtenances projecting three inches 22 or less above the top of the rail. 23 l. The minimum side clearances prescribed in this subsection 24 are for tangent tracks. Structures adjacent to curve tracks 25 shall have additional minimum side clearances compensating for 26 curvature. 27 3. Overhead and side clearances. 28 a. The overhead and side clearances prescribed in 29 subsections 1 and 2 may be decreased to the extent of a line 30 extending diagonally downward from a point four feet from the 31 center line of the track and twenty-two feet above the top of 32 the rail to a point eight feet from the center line of the track 33 and sixteen feet above the top of the rail. 34 b. For tracks located at an entrance to or inside a 35 -4- LSB 2212XS (4) 84 dea/nh 4/ 15

S.F. 267 building with an overhead clearance of eighteen feet and a side 1 clearance of eight feet, as prescribed in this section, the 2 overhead and side clearances may be decreased to the extent of 3 a line extending diagonally downward from a point four feet 4 from the center line of the track and eighteen feet above the 5 top of the rail to a point eight feet from the center line of 6 the track and fourteen feet above the top of the rail. 7 c. A canopy at one side of the track at a freight platform 8 may not be less than four feet from the center line of the 9 track if the height of the canopy is at least seventeen feet 10 six inches above the top of the rail and if the full clearance 11 of eight feet six inches is maintained on the opposite side of 12 the track or the distance from the center of the track to the 13 center of the adjacent track is not less than fourteen feet. 14 d. A shelter over a platform used for passenger car 15 operation may not be less than four feet six inches from the 16 center line of the track if the height is not less than fifteen 17 feet above the top of the rail, provided that a carrier that 18 conducts such an operation adopts and enforces rules which 19 prohibit an employee from riding on the side of equipment if 20 standing above car floor height. 21 4. Clearances between parallel tracks. 22 a. The minimum distance between the center lines of parallel 23 tracks shall be thirteen feet six inches for main tracks and 24 thirteen feet six inches for yard and side tracks, except as 25 otherwise provided in this subsection. 26 b. The center line of any track except a main track or a 27 passing track, which is parallel and adjacent to a main track 28 or a passing track, shall be fifteen feet from the center line 29 of such main track or passing track, except that if a passing 30 track is adjacent to and at least fifteen feet from the main 31 track, such other track may be constructed adjacent to the 32 passing track with a clearance of not less than thirteen feet 33 six inches. 34 c. The center line of any ladder track which is parallel to 35 -5- LSB 2212XS (4) 84 dea/nh 5/ 15

S.F. 267 another adjacent track shall have a clearance of not less than 1 eighteen feet from the center line of such other track, except 2 that parallel ladder tracks shall have a clearance of not less 3 than nineteen feet from center line to center line. 4 d. The minimum distance between the center line of parallel 5 team and house tracks shall be thirteen feet six inches. 6 e. Tracks constructed or under construction prior to January 7 1, 2012, may be extended without increasing the distances 8 between tracks. 9 5. Other conditions and obstructions adjacent to tracks. 10 a. A railroad shall not knowingly permit merchandise, 11 material, or other articles to remain piled or assembled on 12 ground or platforms adjacent to any track at a distance of less 13 than eight feet six inches from the center line of the track. A 14 suitable line or other marker may be maintained at a distance 15 of eight feet six inches from the center line of the track on 16 all platforms, excluding passenger platforms, to indicate the 17 space along the edge of the platform which must be kept clear 18 of merchandise, material, or other articles. 19 b. The space between tracks ordinarily used by train 20 workers, yard workers, and other employees as a walkway in 21 the discharge of their duties, and the space beside such 22 tracks within eight feet six inches of the center line of the 23 tracks, shall be kept in reasonably suitable condition for such 24 purpose. 25 6. Preexisting clearances. Except as otherwise provided 26 in this section, if an overhead or side clearance between a 27 track and any building, structure, or facility is less than the 28 minimum prescribed in this section but existed prior to January 29 1, 2012, the minimum clearances prescribed by this section 30 shall be required when the building, structure, or facility is 31 relocated or reconstructed. However, the department may grant 32 specific requests for the continuance of prior clearances at 33 reconstructed buildings, structures, or facilities as provided 34 in subsection 7. 35 -6- LSB 2212XS (4) 84 dea/nh 6/ 15

S.F. 267 7. Waivers. 1 a. Nothing in this section shall be construed to restrict 2 the temporary distribution of materials or the performance of 3 work on, over, or adjacent to tracks if the distribution or 4 performance is necessary in the construction or maintenance 5 of facilities or equipment, provided that the distribution 6 or performance is carried out within a reasonable time under 7 conditions reasonably necessary to provide for the safety of 8 all concerned, including proper notice by train order, message, 9 or bulletin. 10 b. If, in any particular case, a waiver from any of the 11 requirements of this section is deemed necessary by a carrier, 12 the department, upon good cause shown, may grant an application 13 by the carrier for a waiver. The request for the waiver shall 14 be accompanied by a full statement of conditions existing and 15 the reason why the waiver is necessary. 16 8. Application of terms. Wherever the terms “railroad” , 17 “railroad track” , “track” , “building” , “entrance to or inside 18 a building” , “structure” , “facility” , “platform” , or other 19 similar terms are used in this section, the terms apply only to 20 property owned by or leased to a common carrier railroad. 21 9. Application of section. This section shall not be 22 construed as limiting the authority or jurisdiction of the 23 department of transportation. 24 Sec. 2. NEW SECTION . 327F.11 Safe space along railroad 25 rights-of-way. 26 1. For purposes of this section, “safe space” means the area 27 encompassed within the following distances: 28 a. From the actual grade level to a distance of twenty-two 29 feet six inches above the top of the rail head. 30 b. A distance of eight feet six inches on both sides of a 31 perpendicular from the center line of a railroad track with a 32 radius of not less than four hundred feet lateral curvature. 33 c. A distance of nine feet on both sides of a perpendicular 34 from the center line of a railroad track with a radius of less 35 -7- LSB 2212XS (4) 84 dea/nh 7/ 15

S.F. 267 than four hundred feet curvature. 1 2. A person shall not permit scrap iron, lumber, debris, 2 vegetation exceeding a height of four inches, marked unevenness 3 of terrain, or any other material or condition which endangers 4 a railroad employee to remain or continue in the safe space 5 over which the person has control. 6 Sec. 3. NEW SECTION . 327F.12 Close clearance warnings. 7 1. The owner of a railroad track shall place a warning 8 device at a location where the close clearance between the 9 track and a building, machinery, trees, brush, or other object 10 is such that the building, machinery, trees, brush, or other 11 object physically impedes a person who is lawfully riding the 12 side of a train in the course of the person’s duties in service 13 to a railroad company from clearing the building, machinery, 14 trees, brush, or other object. 15 2. The warning device shall be placed in a location which 16 provides adequate notice to a person riding the side of a train 17 so that the person may prepare for the close clearance. Any 18 signs posted shall not be a danger to other persons working on 19 the property. 20 3. Placement of a warning device pursuant to this section 21 does not relieve the owner of a railroad track from any duties 22 required under chapter 317 or section 327F.27. 23 Sec. 4. Section 327F.13, Code 2011, is amended by striking 24 the section and inserting in lieu thereof the following: 25 327F.13 Close clearances and safe spaces —— enforcement. 26 1. Applicability of provisions. The provisions of sections 27 327F.10, 327F.11, and 327F.12 apply to matters under the 28 purview of the state and enforceable by the department of 29 transportation. Sections 327F.10, 327F.11, and 327F.12 do not 30 apply to the exercise of authority which a federal agency has 31 delegated to state enforcement personnel under section 206 of 32 the federal Railroad Safety Act of 1970, 49 U.S.C. § 20106, or 33 any other regulation or requirement preempted by federal law. 34 2. Emergency orders. If an inspector authorized by 35 -8- LSB 2212XS (4) 84 dea/nh 8/ 15

S.F. 267 the department determines through testing, inspection, 1 investigation, or research that a locomotive, car, or other 2 facility or equipment of a railroad is in a condition that 3 violates a law, regulation, or order which the department is 4 authorized to enforce, and the condition is so hazardous as to 5 present an imminent danger or potential danger likely to result 6 in injury to a person, damage to property, or a breakdown of 7 equipment, the inspector shall declare such locomotive, car, or 8 other facility “out of service”. 9 3. Action by inspector. When an inspector authorized by 10 the department declares a locomotive, car, or other facility 11 to be “out of service”, the inspector shall affix an “out of 12 service” notice in a prominent place on the locomotive, car, 13 or other facility. The affixing of an “out of service” notice 14 shall constitute legal notice that the locomotive, car, or 15 facility shall not be used or operated until all defects noted 16 on the “out of service” notice have been repaired. Such notice 17 shall not be removed until the defects noted by the inspector 18 have been corrected by the railroad company and the locomotive, 19 car, or other facility is in full compliance with applicable 20 regulations. In the case of a track or other facility for 21 which it is not practical to affix an “out of service” notice, 22 the inspector shall furnish immediate telephone or telegraphic 23 notification to the owner of the track or facility in lieu of 24 affixing an “out of service” notice, describing the specific 25 location of the affected track or other facility, the nature of 26 the defect, and related conditions. When an “out of service” 27 notice has been affixed or the owner of the track has been 28 notified, the inspector shall furnish notice by the most 29 expeditious manner to the railroad immediately responsible for 30 the operation of the defective locomotive, car, track, or other 31 facility. The notice shall indicate the nature of the defects 32 involved which caused the equipment or other facility to be 33 placed “out of service”. The inspector shall retain one copy 34 of the notice and immediately forward one copy of the notice 35 -9- LSB 2212XS (4) 84 dea/nh 9/ 15

S.F. 267 to the department. 1 4. Reduction in maximum speed of track. When an inspector 2 authorized by the department determines the existence of a 3 hazardous local track condition, the inspector shall furnish 4 immediate telephone or telegraphic notification to the owner 5 of the track that movements within defined limits of the track 6 must be made at a reduced maximum speed, which shall be the 7 speed applicable to the highest federal railroad administration 8 class designation that the inspector determines is appropriate. 9 Within forty-eight hours following the notification, the 10 inspector shall furnish notice in duplicate to the owner of the 11 track or to the owner’s agent immediately responsible for the 12 affected track. The notice shall indicate the full particulars 13 of the conditions and the violations which create the local 14 safety hazard. Such conditions or violations shall be fully 15 repaired or otherwise brought into compliance with the highest 16 federal railroad administration designation applicable to the 17 speed at which trains will operate on the track in question. 18 5. Action by railroad. When a locomotive, car, or other 19 facility of a railroad has been declared “out of service”, the 20 locomotive, car, or facility shall be removed from service 21 until the defect or defects are corrected. In the case of 22 track which is reduced in class as provided in subsection 23 4, the railroad shall take the steps necessary to insure 24 compliance with the findings of the inspector. For the purpose 25 of making necessary corrections, defective locomotive units, 26 freight cars, cabin cars, or passenger carrying cars may 27 be moved to the nearest available point where the unit can 28 be repaired, provided that other similar units in suitable 29 operating condition are also a part of the consist. When the 30 defects noted on the notice have been corrected, the railroad 31 shall notify the inspector issuing the notice and the inspector 32 shall inspect the locomotive, car, or other facility. If the 33 repairs or corrections have been satisfactorily completed, the 34 inspector shall remove the “out of service” notice. 35 -10- LSB 2212XS (4) 84 dea/nh 10/ 15

S.F. 267 6. Reinspection —— review by department. 1 a. Upon issuance of an “out of service” notice, the 2 railroad involved may request a second inspection of the 3 locomotive, car, or other facility. An engineer designated 4 by the department shall arrange for an immediate reinspection 5 by a second authorized inspector. If, on reinspection, the 6 decision of the original inspector is affirmed or modified 7 by an engineer designated by the department, the engineer 8 shall notify the railroad in writing that the original finding 9 is affirmed or modified. If the decision of the original 10 inspector is not affirmed or modified, the inspector shall 11 immediately remove the “out of service” notice and enter an 12 appropriate notation on the related notice to the railroad, and 13 the restrictions of the notice shall cease to be effective. 14 b. If, upon reinspection, an engineer designated by the 15 department affirms or modifies the findings of the original 16 inspection, the railroad may, within thirty days of the 17 affirmation or modification, request the department to conduct 18 a hearing at which interested parties may be present and 19 testify for the purpose of reviewing the inspections. As a 20 result of the hearing, the department may modify in whole 21 or in part the findings of the inspections and the actions 22 taken by the inspectors. Actions on review may be undertaken 23 on an expedited basis in relation to other business of the 24 department. 25 c. The requirements of an “out of service” notice shall be 26 effective pending action by the department. 27 d. Upon petition of a carrier based upon good cause, the 28 department may grant a request for an extension of time for 29 compliance with an “out of service” notice issued or modified 30 as provided under this subsection. 31 7. Penalties. 32 a. A violation of section 327F.10, 327F.11, or 327F.12 is 33 punishable as a schedule “one” penalty under section 327C.5. 34 b. A violation of this section shall subject the violator to 35 -11- LSB 2212XS (4) 84 dea/nh 11/ 15

S.F. 267 such civil or criminal penalties as may be provided by law. 1 c. Each day of noncompliance constitutes a separate 2 violation. If a locomotive or car which was properly equipped 3 by a carrier subsequently becomes defective or insecure while 4 in use by the carrier, the car or locomotive may be hauled as 5 necessary from the place where it is in use to the nearest 6 available point where the equipment can be repaired, and the 7 penalties imposed under this subsection shall not apply. 8 Sec. 5. RULES. The department of transportation shall adopt 9 rules it deems necessary to implement this Act. 10 Sec. 6. EFFECTIVE DATE. This Act takes effect January 1, 11 2012. 12 EXPLANATION 13 This bill concerns requirements and enforcement provisions 14 for minimum clearances along railroad tracks and safe spaces 15 along railroad rights-of-way. 16 CLEARANCE REQUIREMENTS. The bill establishes that the 17 minimum clearance above a railroad track used for transporting 18 freight is 22 feet. Exceptions are specified for tracks at 19 the entrance to or inside a building, tracks for the operation 20 of trains by electricity, and engine houses and certain other 21 facilities where compliance is not reasonably practicable. 22 The department of transportation is authorized to waive the 23 overhead clearance requirements for structures constructed 24 prior to January 1, 2012. 25 The bill establishes a minimum side clearance of 12 feet from 26 the center line of the track for structures and obstructions 27 above the top of the rail. Exceptions are specified for 28 platforms; sidings at entrances to or inside buildings; 29 switchboxes, switch-operating mechanisms, and accessories 30 for control or operation of signals or interlockers; center 31 spindles of signal and switch stands; through bridges; mail 32 cranes; icing platforms and supports; intertrack fences; 33 engine houses and certain other facilities where compliance 34 is not reasonably practicable; car retarders, derails, switch 35 -12- LSB 2212XS (4) 84 dea/nh 12/ 15

S.F. 267 point projectors, guardrails, or similar appurtenances; and 1 curve tracks. Structures constructed or under construction 2 prior to January 1, 2012, may be maintained and extended at 3 existing clearances, except in connection with reconstruction 4 of the original platform. 5 The bill provides specific formulas for the modification of 6 overhead and side clearances in relation to one another. 7 The bill establishes a minimum distance of 13 feet six 8 inches between the center lines of parallel tracks, and the 9 same required distance for yard and side tracks. Specific 10 requirements for main tracks and passing tracks, ladder tracks, 11 and parallel team and house tracks are detailed in the bill. 12 However, tracks constructed or under construction prior to 13 January 1, 2012, may be extended with the existing distances 14 between tracks. 15 The department of transportation is authorized to grant 16 waivers from any of the clearance requirements upon the request 17 of a carrier and upon a showing of good cause. 18 SAFE SPACES. The bill defines “safe space” as the area from 19 the grade level to a distance of 22 feet six inches above the 20 top of the head rail; a distance of eight feet six inches on 21 both sides of a perpendicular from the center line of a track 22 with a radius of not less than 400 feet lateral curvature; and 23 a distance of nine feet on both sides of a perpendicular from 24 the center line of a track with a radius of less than 400 feet 25 lateral curvature. Safe spaces are required to be kept free of 26 scrap iron, lumber, debris, vegetation higher than four inches, 27 markedly uneven terrain, or any other material or condition 28 which endangers employees. 29 CLOSE CLEARANCE WARNING DEVICES. The bill retains current 30 requirements for the owner of a railroad track to place a 31 warning device at a location where a close clearance between 32 a train and a building or other object might physically 33 impede a person lawfully riding on the side of a train from 34 clearing the building or object. The bill applies the close 35 -13- LSB 2212XS (4) 84 dea/nh 13/ 15

S.F. 267 clearance warning requirements to situations where a person is 1 lawfully riding on the side of a cut of cars. Under current 2 law, requirements for close clearance warning devices only 3 apply to locations specified in rules by the department of 4 transportation when funds are available to reimburse the owner 5 of a railroad track for the cost of the close clearance warning 6 device. The bill strikes that applicability provision. 7 ENFORCEMENT. The bill states that the close clearance 8 and safe spaces requirements in the bill apply only to 9 matters under the purview of the state and enforceable by the 10 department of transportation, and do not apply to the exercise 11 of the authority delegated to state enforcement personnel 12 pursuant to federal law. 13 The bill provides that an inspector authorized by the 14 department may declare a locomotive, car, or other facility 15 to be “out of service” if it is found to be in a condition 16 that poses a danger to a person or property or might cause 17 a breakdown of equipment. In the case of a track or other 18 facility where it is not practical to post a notice, a 19 telephone or telegraphic notification to the owner of 20 the affected track or facility may be substituted. The 21 inspector must also furnish notice to the railroad immediately 22 responsible for operation of the defective locomotive, car, 23 track, or other facility, send a copy of the notice to the 24 department, and retain one copy. 25 If an inspector determines the existence of a hazardous 26 local track condition, the inspector is required to order a 27 reduction in the maximum speed of a track, with notice to the 28 owner of the track or the owner’s agent. 29 The bill outlines the process for a railroad to make 30 required repairs to defective track, locomotives, cars, or 31 other facilities, bringing them into compliance with applicable 32 regulations and resulting in removal of an “out of service” 33 notice or a restriction on maximum speed imposed by an 34 inspector. 35 -14- LSB 2212XS (4) 84 dea/nh 14/ 15

S.F. 267 When an “out of service” notice is issued, a railroad may 1 request a second inspection and, if the second inspection 2 does not affirm or modify the findings of the original 3 investigation, the second inspector must immediately remove 4 the “out of service” notice, which ceases to be effective. 5 If the findings of the original inspection are affirmed or 6 modified, the railroad may, within 30 days, request a hearing 7 with the department. The bill specifies that actions on review 8 may be prioritized by the department according to the needs 9 of the department’s schedule. However, the requirements of 10 an “out of service” notice remain effective pending action 11 by the department. The department is authorized to grant a 12 request for an extension of time for compliance with an “out of 13 service” order upon petition of a carrier based on good cause. 14 The bill provides that violations of close clearance, 15 safe space, and close clearance warning requirements are 16 punishable by a schedule “one” penalty under the penalty 17 schedule applicable to carriers. A schedule “one” penalty is a 18 $100 fine. Violations of enforcement provisions may subject 19 the violator to such penalties as may be provided by other 20 law. Each day of noncompliance with the requirements of the 21 bill constitutes a separate violation. If a locomotive or car 22 which was properly equipped by a carrier subsequently becomes 23 defective or insecure, it may be hauled to a nearby location 24 for repair, and the penalties imposed by the bill do not apply. 25 The bill requires the department of transportation to adopt 26 rules it deems necessary for implementation of the bill. 27 The bill takes effect January 1, 2012. 28 -15- LSB 2212XS (4) 84 dea/nh 15/ 15