Senate File 2125 - Introduced SENATE FILE 2125 BY T. TAYLOR 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 TLSB 5267XS (3) 89 th/ns
S.F. 2125 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 -1- LSB 5267XS (3) 89 th/ns 1/ 2
S.F. 2125 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 -2- LSB 5267XS (3) 89 th/ns 2/ 2