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House File 462 - IntroducedA Bill ForAn Act 1relating to the operation of railroad trains by a crew
2of two or more persons, providing penalties, and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327F.33 Crew size — penalties.
21. A locomotive or railroad train operating on a railroad
3track in connection with the movement of freight shall be
4operated by a crew consisting of at least two qualified
5railroad employees. This section does not apply to the
6operation of a locomotive or railroad train in connection with
7a hostler service or utility service.
82. a. A railroad company found guilty of violating
9subsection 1 shall, upon conviction, be subject to one of the
10following penalties:
11(1) For a first offense, a schedule “three” penalty as
12provided in section 327C.5.
13(2) For a second or subsequent offense, a schedule “five”
14penalty as provided in section 327C.5. A second offense under
15this section shall be a first violation for the purposes of
16calculating the schedule “five” penalty.
17b. For purposes of determining whether a conviction is a
18first, second, or subsequent offense, only offenses committed
19within the three-year period prior to the most recent offense
20shall be considered.
21 Sec. 2. EFFECTIVE DATE. This Act takes effect thirty days
22after enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill requires a locomotive or railroad train operating
27on a railroad track in connection with the movement of freight
28to be operated by a crew consisting of at least two qualified
29railroad employees. This requirement does not apply to the
30operation of a locomotive or railroad train in connection with
31a hostler service or utility service.
32The bill provides that a railroad company found guilty of
33violating this requirement is subject to a penalty of not less
34than $500 and not more than $1,000 for a first offense, not
35less than $500 and not more than $5,000 for a second offense,
-1-1and not less than $5,000 and not more than $10,000 for a third
2or subsequent offense. For purposes of determining whether a
3conviction is a first, second, or subsequent offense, the bill
4provides that only offenses committed within the three-year
5period prior to the most recent offense shall be considered.
6The bill takes effect 30 days after enactment.
-2-th/ns
2of two or more persons, providing penalties, and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327F.33 Crew size — penalties.
21. A locomotive or railroad train operating on a railroad
3track in connection with the movement of freight shall be
4operated by a crew consisting of at least two qualified
5railroad employees. This section does not apply to the
6operation of a locomotive or railroad train in connection with
7a hostler service or utility service.
82. a. A railroad company found guilty of violating
9subsection 1 shall, upon conviction, be subject to one of the
10following penalties:
11(1) For a first offense, a schedule “three” penalty as
12provided in section 327C.5.
13(2) For a second or subsequent offense, a schedule “five”
14penalty as provided in section 327C.5. A second offense under
15this section shall be a first violation for the purposes of
16calculating the schedule “five” penalty.
17b. For purposes of determining whether a conviction is a
18first, second, or subsequent offense, only offenses committed
19within the three-year period prior to the most recent offense
20shall be considered.
21 Sec. 2. EFFECTIVE DATE. This Act takes effect thirty days
22after enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill requires a locomotive or railroad train operating
27on a railroad track in connection with the movement of freight
28to be operated by a crew consisting of at least two qualified
29railroad employees. This requirement does not apply to the
30operation of a locomotive or railroad train in connection with
31a hostler service or utility service.
32The bill provides that a railroad company found guilty of
33violating this requirement is subject to a penalty of not less
34than $500 and not more than $1,000 for a first offense, not
35less than $500 and not more than $5,000 for a second offense,
-1-1and not less than $5,000 and not more than $10,000 for a third
2or subsequent offense. For purposes of determining whether a
3conviction is a first, second, or subsequent offense, the bill
4provides that only offenses committed within the three-year
5period prior to the most recent offense shall be considered.
6The bill takes effect 30 days after enactment.
-2-th/ns