SENATE FILE 267

BY  DANIELSON, McCOY, and BEALL

A BILL FOR

An Act relating to close clearances and safe spaces around railroad tracks and railroad facilities, and providing penalties and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  327F.10  Minimum clear space requirements for bridges, structures, poles, and other obstructions.
   1.  Overhead clearances.
   a.  The minimum overhead clearance above a railroad track that is used or proposed to be used for transporting freight cars shall be twenty-two feet, except as otherwise provided in this subsection.
   b.  The overhead clearance above the top rail of tracks located at the entrance to or inside a building may be less than twenty-two feet but not less than eighteen feet. However, if an overhead clearance of less than twenty-two feet exists above tracks inside a building, the movement of railway equipment shall be brought to a stop before entering the building. In switching movements requiring a number of entries, stopping is required only upon initial entry.
   c.  This subsection does not apply to electric wires or equipment required above tracks for the operation of trains by electric energy, provided that a carrier that conducts such an operation adopts and enforces rules which prohibit an employee from being on top of a rail car while the car is being operated under lower clearances than those provided in this subsection.
   d.  The overhead clearances provided in this subsection do not apply to engine houses, engine house facilities, tipples, or facilities used for servicing rail cars or for loading or unloading bulk commodities if compliance is not reasonably practicable.
   e.  The department of transportation may waive the requirements of this subsection for structures constructed before January 1, 2012, if the waiver will not adversely affect the safety of the public or employees of the railroad.
   2.  Side clearances.
   a.  The minimum side clearance from the center line of tangent railroad tracks that are used or proposed to be used for transporting freight cars shall conform with the requirements of this subsection, except that structures, including platforms and tracks, constructed or under construction prior to January 1, 2012, may be maintained at clearances existing prior to that date, and may be extended at existing clearances unless such an extension is in connection with reconstruction of the original platform.
   b.  The minimum side clearance between the center line of the track and any structure or obstruction above the top of the rail, except structures or obstructions specifically exempted under this subsection, shall be twelve feet.
   c.
  (1)  A platform that is four feet or less above the top of the rail, except a platform adjacent to main or passing tracks, may be less than eight feet six inches from the center line of the track on one side of such track if a full clearance of at least eight feet six inches is maintained on the opposite side of the track or the distance from the center of the track to the center of the adjacent track is not less than fourteen feet.
   (2)  A platform that is four feet six inches or less above the top of the rail, if used principally for loading or unloading refrigerator cars, shall not be less than eight feet from the center line of the track.
   (3)  A low passenger platform that is eight inches or less above the top rail shall not be less than five feet one inch from the center line of the track. A high passenger platform that is four feet or less above the top rail shall not be less than five feet seven inches from the center line of the track.
   (4)  Platforms constructed before January 1, 2012, with less than the clearances prescribed in this paragraph“c” may be extended at such lesser clearances unless the extension is in connection with reconstruction of the original platform.
   d.  The side clearance, other than for platforms, on sidings only, at an entrance to a building or inside a building shall not be less than eight feet from the center line of the track.
   e.  Switchboxes, switch-operating mechanisms, and accessories necessary for the control or operation of signals or interlockers projecting four inches or less above the top rail shall not be less than three feet from the center line of the track.
   f.  The center spindle of signal and switch stands three feet or less above the top of the rail and located between tracks, if not practicable to provide the clearances otherwise prescribed in this subsection, shall not be less than six feet from the center line of the track.
   g.  Through bridges supporting affected track, tunnels, water columns, or oil columns shall not be less than eight feet from the center line of the track, except where special protection is required for unusual commodities.
   h.
  (1)  The clearance for through bridges supporting affected track, water barrel platforms or refuge platforms on bridges or trestles not provided with walkways, handrails, water barrels, water columns, block signals, cattle guards, and stock chutes, if all or portions thereof are four feet or less above the top of the rail, may be decreased to the extent defined by a line extending diagonally upward from a point level with the top of the rail and five feet distant laterally from the center line of the track to a point four feet above the top of the rail and eight feet distant laterally from the center line of the track. However, the minimum clearance for handrails or water barrels on bridges with walkways shall be seven feet nine inches, and the minimum clearance for fences for cattle guards shall be six feet nine inches.
   (2)  The lesser clearances authorized in subparagraph (1) for handrails and water barrels do not apply to through bridges if the work of train workers or yard workers requires the workers to be on the decks of such bridges for the purpose of coupling or uncoupling cars in the performance of switching service on a switching lead.
   i.  The side clearances specified in this subsection do not apply to mail cranes when the arms of the mail cranes are supporting mail sacks for delivery, if the top arm is not higher than ten feet eight inches above the top of the rail and neither arm extends within six feet five inches from the center line of the track.
   j.  Icing platforms and supports shall have a minimum side clearance of eight feet. Except in emergencies, operations over portions of track adjacent to icing platforms constructed before January 1, 2012, with a side clearance of less than eight feet shall be restricted to the movement or switching of trains containing refrigerator cars to be iced and to the necessary use of such tracks for the unloading of supplies required for the operation of an icing dock.
   k.  The side clearances specified in this section do not apply to the following:
   (1)  Intertrack fences located on the center line between tracks.
   (2)  Engine houses, engine house facilities, tipples, or facilities used for servicing rail cars or for loading or unloading bulk commodities if compliance is not reasonably practicable.
   (3)  Car retarders, derails, switch point protectors, guardrails, and similar appurtenances projecting three inches or less above the top of the rail.
   l.  The minimum side clearances prescribed in this subsection are for tangent tracks. Structures adjacent to curve tracks shall have additional minimum side clearances compensating for curvature.
   3.  Overhead and side clearances.
   a.  The overhead and side clearances prescribed in subsections 1 and 2 may be decreased to the extent of a line extending diagonally downward from a point four feet from the center line of the track and twenty-two feet above the top of the rail to a point eight feet from the center line of the track and sixteen feet above the top of the rail.
   b.  For tracks located at an entrance to or inside a building with an overhead clearance of eighteen feet and a side clearance of eight feet, as prescribed in this section, the overhead and side clearances may be decreased to the extent of a line extending diagonally downward from a point four feet from the center line of the track and eighteen feet above the top of the rail to a point eight feet from the center line of the track and fourteen feet above the top of the rail.
   c.  A canopy at one side of the track at a freight platform may not be less than four feet from the center line of the track if the height of the canopy is at least seventeen feet six inches above the top of the rail and if the full clearance of eight feet six inches is maintained on the opposite side of the track or the distance from the center of the track to the center of the adjacent track is not less than fourteen feet.
   d.  A shelter over a platform used for passenger car operation may not be less than four feet six inches from the center line of the track if the height is not less than fifteen feet above the top of the rail, provided that a carrier that conducts such an operation adopts and enforces rules which prohibit an employee from riding on the side of equipment if standing above car floor height.
   4.  Clearances between parallel tracks.
   a.  The minimum distance between the center lines of parallel tracks shall be thirteen feet six inches for main tracks and thirteen feet six inches for yard and side tracks, except as otherwise provided in this subsection.
   b.  The center line of any track except a main track or a passing track, which is parallel and adjacent to a main track or a passing track, shall be fifteen feet from the center line of such main track or passing track, except that if a passing track is adjacent to and at least fifteen feet from the main track, such other track may be constructed adjacent to the passing track with a clearance of not less than thirteen feet six inches.
   c.  The center line of any ladder track which is parallel to another adjacent track shall have a clearance of not less than eighteen feet from the center line of such other track, except that parallel ladder tracks shall have a clearance of not less than nineteen feet from center line to center line.
   d.  The minimum distance between the center line of parallel team and house tracks shall be thirteen feet six inches.
   e.  Tracks constructed or under construction prior to January 1, 2012, may be extended without increasing the distances between tracks.
   5.  Other conditions and obstructions adjacent to tracks.
   a.  A railroad shall not knowingly permit merchandise, material, or other articles to remain piled or assembled on ground or platforms adjacent to any track at a distance of less than eight feet six inches from the center line of the track. A suitable line or other marker may be maintained at a distance of eight feet six inches from the center line of the track on all platforms, excluding passenger platforms, to indicate the space along the edge of the platform which must be kept clear of merchandise, material, or other articles.
   b.  The space between tracks ordinarily used by train workers, yard workers, and other employees as a walkway in the discharge of their duties, and the space beside such tracks within eight feet six inches of the center line of the tracks, shall be kept in reasonably suitable condition for such purpose.
   6.  Preexisting clearances.  Except as otherwise provided in this section, if an overhead or side clearance between a track and any building, structure, or facility is less than the minimum prescribed in this section but existed prior to January 1, 2012, the minimum clearances prescribed by this section shall be required when the building, structure, or facility is relocated or reconstructed. However, the department may grant specific requests for the continuance of prior clearances at reconstructed buildings, structures, or facilities as provided in subsection 7.
   7.  Waivers.
   a.  Nothing in this section shall be construed to restrict the temporary distribution of materials or the performance of work on, over, or adjacent to tracks if the distribution or performance is necessary in the construction or maintenance of facilities or equipment, provided that the distribution or performance is carried out within a reasonable time under conditions reasonably necessary to provide for the safety of all concerned, including proper notice by train order, message, or bulletin.
   b.  If, in any particular case, a waiver from any of the requirements of this section is deemed necessary by a carrier, the department, upon good cause shown, may grant an application by the carrier for a waiver. The request for the waiver shall be accompanied by a full statement of conditions existing and the reason why the waiver is necessary.
   8.  Application of terms.  Wherever the terms “railroad”, “railroad track”, “track”, “building”, “entrance to or inside a building”, “structure”, “facility”, “platform”, or other similar terms are used in this section, the terms apply only to property owned by or leased to a common carrier railroad.
   9.  Application of section.  This section shall not be construed as limiting the authority or jurisdiction of the department of transportation.
   Sec. 2.  NEW SECTION.  327F.11  Safe space along railroad rights-of-way.
   1.  For purposes of this section,“safe space” means the area encompassed within the following distances:
   a.  From the actual grade level to a distance of twenty-two feet six inches above the top of the rail head.
   b.  A distance of eight feet six inches on both sides of a perpendicular from the center line of a railroad track with a radius of not less than four hundred feet lateral curvature.
   c.  A distance of nine feet on both sides of a perpendicular from the center line of a railroad track with a radius of less than four hundred feet curvature.
   2.  A person shall not permit scrap iron, lumber, debris, vegetation exceeding a height of four inches, marked unevenness of terrain, or any other material or condition which endangers a railroad employee to remain or continue in the safe space over which the person has control.
   Sec. 3.  NEW SECTION.  327F.12  Close clearance warnings.
   1.  The owner of a railroad track shall place a warning device at a location where the close clearance between the track and a building, machinery, trees, brush, or other object is such that the building, machinery, trees, brush, or other object physically impedes a person who is lawfully riding the side of a train in the course of the person’s duties in service to a railroad company from clearing the building, machinery, trees, brush, or other object.
   2.  The warning device shall be placed in a location which provides adequate notice to a person riding the side of a train so that the person may prepare for the close clearance. Any signs posted shall not be a danger to other persons working on the property.
   3.  Placement of a warning device pursuant to this section does not relieve the owner of a railroad track from any duties required under chapter 317 or section 327F.27.
   Sec. 4.  Section 327F.13, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   327F.13  Close clearances and safe spaces —— enforcement.
   1.  Applicability of provisions.  The provisions of sections 327F.10, 327F.11, and 327F.12 apply to matters under the purview of the state and enforceable by the department of transportation. Sections 327F.10, 327F.11, and 327F.12 do not apply to the exercise of authority which a federal agency has delegated to state enforcement personnel under section 206 of the federal Railroad Safety Act of 1970, 49 U.S.C. § 20106, or any other regulation or requirement preempted by federal law.
   2.  Emergency orders.  If an inspector authorized by the department determines through testing, inspection, investigation, or research that a locomotive, car, or other facility or equipment of a railroad is in a condition that violates a law, regulation, or order which the department is authorized to enforce, and the condition is so hazardous as to present an imminent danger or potential danger likely to result in injury to a person, damage to property, or a breakdown of equipment, the inspector shall declare such locomotive, car, or other facility “out of service”.
   3.  Action by inspector.  When an inspector authorized by the department declares a locomotive, car, or other facility to be “out of service”, the inspector shall affix an “out of service” notice in a prominent place on the locomotive, car, or other facility. The affixing of an “out of service” notice shall constitute legal notice that the locomotive, car, or facility shall not be used or operated until all defects noted on the “out of service” notice have been repaired. Such notice shall not be removed until the defects noted by the inspector have been corrected by the railroad company and the locomotive, car, or other facility is in full compliance with applicable regulations. In the case of a track or other facility for which it is not practical to affix an “out of service” notice, the inspector shall furnish immediate telephone or telegraphic notification to the owner of the track or facility in lieu of affixing an “out of service” notice, describing the specific location of the affected track or other facility, the nature of the defect, and related conditions. When an “out of service” notice has been affixed or the owner of the track has been notified, the inspector shall furnish notice by the most expeditious manner to the railroad immediately responsible for the operation of the defective locomotive, car, track, or other facility. The notice shall indicate the nature of the defects involved which caused the equipment or other facility to be placed “out of service”. The inspector shall retain one copy of the notice and immediately forward one copy of the notice to the department.
   4.  Reduction in maximum speed of track.  When an inspector authorized by the department determines the existence of a hazardous local track condition, the inspector shall furnish immediate telephone or telegraphic notification to the owner of the track that movements within defined limits of the track must be made at a reduced maximum speed, which shall be the speed applicable to the highest federal railroad administration class designation that the inspector determines is appropriate. Within forty-eight hours following the notification, the inspector shall furnish notice in duplicate to the owner of the track or to the owner’s agent immediately responsible for the affected track. The notice shall indicate the full particulars of the conditions and the violations which create the local safety hazard. Such conditions or violations shall be fully repaired or otherwise brought into compliance with the highest federal railroad administration designation applicable to the speed at which trains will operate on the track in question. 
   5.  Action by railroad.  When a locomotive, car, or other facility of a railroad has been declared “out of service”, the locomotive, car, or facility shall be removed from service until the defect or defects are corrected. In the case of track which is reduced in class as provided in subsection 4, the railroad shall take the steps necessary to insure compliance with the findings of the inspector. For the purpose of making necessary corrections, defective locomotive units, freight cars, cabin cars, or passenger carrying cars may be moved to the nearest available point where the unit can be repaired, provided that other similar units in suitable operating condition are also a part of the consist. When the defects noted on the notice have been corrected, the railroad shall notify the inspector issuing the notice and the inspector shall inspect the locomotive, car, or other facility. If the repairs or corrections have been satisfactorily completed, the inspector shall remove the “out of service” notice.
   6.  Reinspection —— review by department.
   a.  Upon issuance of an “out of service” notice, the railroad involved may request a second inspection of the locomotive, car, or other facility. An engineer designated by the department shall arrange for an immediate reinspection by a second authorized inspector. If, on reinspection, the decision of the original inspector is affirmed or modified by an engineer designated by the department, the engineer shall notify the railroad in writing that the original finding is affirmed or modified. If the decision of the original inspector is not affirmed or modified, the inspector shall immediately remove the “out of service” notice and enter an appropriate notation on the related notice to the railroad, and the restrictions of the notice shall cease to be effective.
   b.  If, upon reinspection, an engineer designated by the department affirms or modifies the findings of the original inspection, the railroad may, within thirty days of the affirmation or modification, request the department to conduct a hearing at which interested parties may be present and testify for the purpose of reviewing the inspections. As a result of the hearing, the department may modify in whole or in part the findings of the inspections and the actions taken by the inspectors. Actions on review may be undertaken on an expedited basis in relation to other business of the department.
   c.  The requirements of an “out of service” notice shall be effective pending action by the department.
   d.  Upon petition of a carrier based upon good cause, the department may grant a request for an extension of time for compliance with an “out of service” notice issued or modified as provided under this subsection.
   7.  Penalties.
   a.  A violation of section 327F.10, 327F.11, or 327F.12 is punishable as a schedule “one” penalty under section 327C.5.
   b.  A violation of this section shall subject the violator to such civil or criminal penalties as may be provided by law.
   c.  Each day of noncompliance constitutes a separate violation. If a locomotive or car which was properly equipped by a carrier subsequently becomes defective or insecure while in use by the carrier, the car or locomotive may be hauled as necessary from the place where it is in use to the nearest available point where the equipment can be repaired, and the penalties imposed under this subsection shall not apply.
   Sec. 5.  RULES.  The department of transportation shall adopt rules it deems necessary to implement this Act.
   Sec. 6.  EFFECTIVE DATE.  This Act takes effect January 1, 2012.
EXPLANATION
   This bill concerns requirements and enforcement provisions for minimum clearances along railroad tracks and safe spaces along railroad rights-of-way.
   CLEARANCE REQUIREMENTS. The bill establishes that the minimum clearance above a railroad track used for transporting freight is 22 feet. Exceptions are specified for tracks at the entrance to or inside a building, tracks for the operation of trains by electricity, and engine houses and certain other facilities where compliance is not reasonably practicable. The department of transportation is authorized to waive the overhead clearance requirements for structures constructed prior to January 1, 2012.
   The bill establishes a minimum side clearance of 12 feet from the center line of the track for structures and obstructions above the top of the rail. Exceptions are specified for platforms; sidings at entrances to or inside buildings; switchboxes, switch-operating mechanisms, and accessories for control or operation of signals or interlockers; center spindles of signal and switch stands; through bridges; mail cranes; icing platforms and supports; intertrack fences; engine houses and certain other facilities where compliance is not reasonably practicable; car retarders, derails, switch point projectors, guardrails, or similar appurtenances; and curve tracks. Structures constructed or under construction prior to January 1, 2012, may be maintained and extended at existing clearances, except in connection with reconstruction of the original platform.
   The bill provides specific formulas for the modification of overhead and side clearances in relation to one another.
   The bill establishes a minimum distance of 13 feet six inches between the center lines of parallel tracks, and the same required distance for yard and side tracks. Specific requirements for main tracks and passing tracks, ladder tracks, and parallel team and house tracks are detailed in the bill. However, tracks constructed or under construction prior to January 1, 2012, may be extended with the existing distances between tracks.
   The department of transportation is authorized to grant waivers from any of the clearance requirements upon the request of a carrier and upon a showing of good cause.
   SAFE SPACES. The bill defines “safe space” as the area from the grade level to a distance of 22 feet six inches above the top of the head rail; a distance of eight feet six inches on both sides of a perpendicular from the center line of a track with a radius of not less than 400 feet lateral curvature; and a distance of nine feet on both sides of a perpendicular from the center line of a track with a radius of less than 400 feet lateral curvature. Safe spaces are required to be kept free of scrap iron, lumber, debris, vegetation higher than four inches, markedly uneven terrain, or any other material or condition which endangers employees.
   CLOSE CLEARANCE WARNING DEVICES. The bill retains current requirements for the owner of a railroad track to place a warning device at a location where a close clearance between a train and a building or other object might physically impede a person lawfully riding on the side of a train from clearing the building or object. The bill applies the close clearance warning requirements to situations where a person is lawfully riding on the side of a cut of cars. Under current law, requirements for close clearance warning devices only apply to locations specified in rules by the department of transportation when funds are available to reimburse the owner of a railroad track for the cost of the close clearance warning device. The bill strikes that applicability provision.
   ENFORCEMENT. The bill states that the close clearance and safe spaces requirements in the bill apply only to matters under the purview of the state and enforceable by the department of transportation, and do not apply to the exercise of the authority delegated to state enforcement personnel pursuant to federal law. 
   The bill provides that an inspector authorized by the department may declare a locomotive, car, or other facility to be “out of service” if it is found to be in a condition that poses a danger to a person or property or might cause a breakdown of equipment. In the case of a track or other facility where it is not practical to post a notice, a telephone or telegraphic notification to the owner of the affected track or facility may be substituted. The inspector must also furnish notice to the railroad immediately responsible for operation of the defective locomotive, car, track, or other facility, send a copy of the notice to the department, and retain one copy.
   If an inspector determines the existence of a hazardous local track condition, the inspector is required to order a reduction in the maximum speed of a track, with notice to the owner of the track or the owner’s agent. 
   The bill outlines the process for a railroad to make required repairs to defective track, locomotives, cars, or other facilities, bringing them into compliance with applicable regulations and resulting in removal of an “out of service” notice or a restriction on maximum speed imposed by an inspector.
   When an “out of service” notice is issued, a railroad may request a second inspection and, if the second inspection does not affirm or modify the findings of the original investigation, the second inspector must immediately remove the “out of service” notice, which ceases to be effective. If the findings of the original inspection are affirmed or modified, the railroad may, within 30 days, request a hearing with the department. The bill specifies that actions on review may be prioritized by the department according to the needs of the department’s schedule. However, the requirements of an “out of service” notice remain effective pending action by the department. The department is authorized to grant a request for an extension of time for compliance with an “out of service” order upon petition of a carrier based on good cause.
   The bill provides that violations of close clearance, safe space, and close clearance warning requirements are punishable by a schedule “one” penalty under the penalty schedule applicable to carriers. A schedule “one” penalty is a $100 fine. Violations of enforcement provisions may subject the violator to such penalties as may be provided by other law. Each day of noncompliance with the requirements of the bill constitutes a separate violation. If a locomotive or car which was properly equipped by a carrier subsequently becomes defective or insecure, it may be hauled to a nearby location for repair, and the penalties imposed by the bill do not apply.
   The bill requires the department of transportation to adopt rules it deems necessary for implementation of the bill.
   The bill takes effect January 1, 2012.