SF 40 (LSB 1878XS (2) 91)

SENATE FILE 40

BY  SHIPLEY

A BILL FOR

An Act requiring the installation and maintenance of train defect detectors on railway branch lines, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  327F.6  Defect detectors.
   1.  A railroad company shall install and maintain at least one defect detector on or along every railway branch line upon which the company operates a train, and if the railway branch line is longer than fifteen miles, the railroad company shall install and maintain at least one defect detector every fifteen miles. Railroad companies that operate on the same railway may jointly share the costs associated with installing and maintaining defect detectors under this subsection.
   2.  a.  A railroad company that operates a train on a railway branch line that does not have a defect detector installed and maintained in accordance with subsection 1 is subject to a schedule “five” penalty under section 327C.5 for every mile of the branch line, or if the branch line is longer than fifteen miles, for every mile of the branch line that is more than fifteen miles away from a defect detector, as applicable.
   b.  A railroad company is subject to a schedule “five” penalty under section 327C.5 for each time a train crosses or passes by a defect detector that fails to notify the train crew of a detected defect.
   3.  Railroad companies that operate on the same railway branch line are jointly and severally liable in any suit arising from the installation and maintenance of all defect detectors, or lack thereof, on or along the branch line.
   4.  As used in this section, “defect detector” means a device, regardless of whether the device is integrated into the railway, equipped with sensors that detect axle and brake abnormalities on a passing train and alert the train crew of any detected abnormality.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a railroad company to install and maintain at least one defect detector, as defined in the bill, on or along every railway branch line upon which the company’s trains operate. If the branch line is longer than 15 miles, one defect detector is required at least every 15 miles. Railroad companies that operate trains on the same railway may share such costs and are jointly and severally liable in any suit arising from the installation and maintenance of all defect detectors, or lack thereof, on or along the railway branch line.
   A railroad company that operates a train on a railway branch line that does not have a defect detector installed as required under the bill is subject to a schedule “five” penalty under Code section 327C.5 for every mile of the branch line, or every mile that is more than 15 miles away from a defect detector, as applicable. A railroad company is also subject to a schedule “five” penalty for each time a train crosses or passes by a defect detector that fails to notify the train crew of a detected defect. A schedule “five” penalty is a fine of not less than $500 nor more than $5,000 for a first violation, and not less than $5,000 nor more than $10,000 for a subsequent violation.