Senate
File
2051
-
Introduced
SENATE
FILE
2051
BY
GREEN
A
BILL
FOR
An
Act
relating
to
railroad
trains,
including
train
length
1
limits
and
the
operation
of
trains
by
a
crew
of
two
or
more
2
persons,
providing
penalties,
making
penalties
applicable,
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
327D.3,
Code
2022,
is
amended
to
read
as
1
follows:
2
327D.3
Duty
to
furnish
cars
and
transport
freight
——
railroad
3
train
length
limit
.
4
1.
Every
railway
corporation
shall
upon
receiving
5
reasonable
notice,
and
within
a
reasonable
time,
furnish
shall
6
do
all
of
the
following:
7
a.
Furnish
suitable
cars
to
any
and
all
persons
who
may
8
apply
therefor,
for
use
of
such
cars
for
the
transportation
of
9
any
and
all
kinds
of
freight
,
and
receive
.
10
b.
Receive
and
transport
such
freight
with
all
reasonable
11
dispatch
,
and
provide
.
12
c.
Provide
and
keep
suitable
facilities
for
the
receiving
13
and
handling
thereof
of
all
freight
at
any
depot
on
the
line
of
14
its
road.
15
2.
A
railway
corporation
shall
not
operate,
or
permit
to
be
16
operated,
any
freight
or
work
railroad
train
that
exceeds
eight
17
thousand
five
hundred
feet
in
length
on
any
part
of
a
railroad.
18
Sec.
2.
NEW
SECTION
.
327F.33
Crew
size
——
penalties.
19
1.
A
locomotive
or
railroad
train
operating
on
a
railroad
20
track
in
connection
with
the
movement
of
freight
shall
be
21
operated
by
a
crew
consisting
of
at
least
two
qualified
22
railroad
employees.
This
section
does
not
apply
to
the
23
operation
of
a
locomotive
or
railroad
train
in
connection
with
24
a
hostler
service
or
utility
service.
25
2.
a.
A
railroad
company
found
guilty
of
violating
26
subsection
1
shall,
upon
conviction,
be
subject
to
one
of
the
27
following
penalties:
28
(1)
For
a
first
offense,
a
schedule
“three”
penalty
as
29
provided
in
section
327C.5.
30
(2)
For
a
second
or
subsequent
offense,
a
schedule
“five”
31
penalty
as
provided
in
section
327C.5.
A
second
offense
under
32
this
section
shall
be
a
first
violation
for
the
purposes
of
33
calculating
the
schedule
“five”
penalty.
34
b.
For
purposes
of
determining
whether
a
conviction
is
a
35
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first,
second,
or
subsequent
offense,
only
offenses
committed
1
within
the
three-year
period
prior
to
the
most
recent
offense
2
shall
be
considered.
3
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
thirty
days
4
after
enactment.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
limits
the
length
of
any
freight
or
work
railroad
9
train
operated
or
permitted
to
be
operated
by
a
railway
10
corporation
to
8,500
feet.
Pursuant
to
Code
section
327D.17,
a
11
violation
of
the
bill
results
in
a
schedule
four
penalty
under
12
Code
section
327C.5,
a
fine
of
not
less
than
$500
nor
more
13
than
$5,000
per
violation.
The
bill
makes
organizational
and
14
conforming
changes
to
Code
section
327D.3.
15
The
bill
requires
a
locomotive
or
railroad
train
operating
16
on
a
railroad
track
in
connection
with
the
movement
of
freight
17
to
be
operated
by
a
crew
consisting
of
at
least
two
qualified
18
railroad
employees.
This
requirement
does
not
apply
to
the
19
operation
of
a
locomotive
or
railroad
train
in
connection
with
20
a
hostler
service
or
utility
service.
The
bill
provides
that
21
a
railroad
company
found
guilty
of
violating
this
requirement
22
is
subject
to
a
penalty
of
not
less
than
$500
and
not
more
than
23
$1,000
for
a
first
offense,
not
less
than
$500
and
not
more
24
than
$5,000
for
a
second
offense,
and
not
less
than
$5,000
25
and
not
more
than
$10,000
for
a
third
or
subsequent
offense.
26
For
purposes
of
determining
whether
a
conviction
is
a
first,
27
second,
or
subsequent
offense,
the
bill
provides
that
only
28
offenses
committed
within
the
three-year
period
prior
to
the
29
most
recent
offense
shall
be
considered.
30
The
bill
takes
effect
30
days
after
enactment.
31
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