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Senate File 512 - IntroducedA Bill ForAn Act 1requiring the installation and maintenance of train
2defect detectors on railway branch lines, and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327F.6 Defect detectors.
21. A railroad company shall install and maintain at least
3one defect detector on or along every railway branch line upon
4which the company operates a train, and if the railway branch
5line is longer than fifteen miles, the railroad company shall
6install and maintain at least one defect detector every fifteen
7miles. Railroad companies that operate on the same railway
8may jointly share the costs associated with installing and
9maintaining defect detectors under this subsection.
102. a. A railroad company that operates a train on a railway
11branch line that does not have a defect detector installed and
12maintained in accordance with subsection 1 is subject to a
13schedule “five” penalty under section 327C.5 for every mile of
14the branch line, or if the branch line is longer than fifteen
15miles, for every mile of the branch line that is more than
16fifteen miles away from a defect detector, as applicable.
17b. A railroad company is subject to a schedule “five”
18penalty under section 327C.5 for each time a train crosses or
19passes by a defect detector that fails to notify the train crew
20of a detected defect.
213. Railroad companies that operate on the same railway
22branch line are jointly and severally liable in any suit
23arising from the installation and maintenance of all defect
24detectors, or lack thereof, on or along the branch line.
254. As used in this section, “defect detector” means a
26device, regardless of whether the device is integrated into
27the railway, equipped with sensors that detect axle and brake
28abnormalities on a passing train and alert the train crew of
29any detected abnormality.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill requires a railroad company to install and
34maintain at least one defect detector, as defined in the bill,
35on or along every railway branch line upon which the company’s
-1-1trains operate. If the branch line is longer than 15 miles,
2one defect detector is required at least every 15 miles.
3Railroad companies that operate trains on the same railway
4may share such costs and are jointly and severally liable in
5any suit arising from the installation and maintenance of all
6defect detectors, or lack thereof, on or along the railway
7branch line.
8A railroad company that operates a train on a railway branch
9line that does not have a defect detector installed as required
10under the bill is subject to a schedule “five” penalty under
11Code section 327C.5 for every mile of the branch line, or every
12mile that is more than 15 miles away from a defect detector,
13as applicable. A schedule “five” penalty is a fine of not
14less than $500 nor more than $5,000 for a first violation, and
15not less than $5,000 nor more than $10,000 for a subsequent
16violation.
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2defect detectors on railway branch lines, and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327F.6 Defect detectors.
21. A railroad company shall install and maintain at least
3one defect detector on or along every railway branch line upon
4which the company operates a train, and if the railway branch
5line is longer than fifteen miles, the railroad company shall
6install and maintain at least one defect detector every fifteen
7miles. Railroad companies that operate on the same railway
8may jointly share the costs associated with installing and
9maintaining defect detectors under this subsection.
102. a. A railroad company that operates a train on a railway
11branch line that does not have a defect detector installed and
12maintained in accordance with subsection 1 is subject to a
13schedule “five” penalty under section 327C.5 for every mile of
14the branch line, or if the branch line is longer than fifteen
15miles, for every mile of the branch line that is more than
16fifteen miles away from a defect detector, as applicable.
17b. A railroad company is subject to a schedule “five”
18penalty under section 327C.5 for each time a train crosses or
19passes by a defect detector that fails to notify the train crew
20of a detected defect.
213. Railroad companies that operate on the same railway
22branch line are jointly and severally liable in any suit
23arising from the installation and maintenance of all defect
24detectors, or lack thereof, on or along the branch line.
254. As used in this section, “defect detector” means a
26device, regardless of whether the device is integrated into
27the railway, equipped with sensors that detect axle and brake
28abnormalities on a passing train and alert the train crew of
29any detected abnormality.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill requires a railroad company to install and
34maintain at least one defect detector, as defined in the bill,
35on or along every railway branch line upon which the company’s
-1-1trains operate. If the branch line is longer than 15 miles,
2one defect detector is required at least every 15 miles.
3Railroad companies that operate trains on the same railway
4may share such costs and are jointly and severally liable in
5any suit arising from the installation and maintenance of all
6defect detectors, or lack thereof, on or along the railway
7branch line.
8A railroad company that operates a train on a railway branch
9line that does not have a defect detector installed as required
10under the bill is subject to a schedule “five” penalty under
11Code section 327C.5 for every mile of the branch line, or every
12mile that is more than 15 miles away from a defect detector,
13as applicable. A schedule “five” penalty is a fine of not
14less than $500 nor more than $5,000 for a first violation, and
15not less than $5,000 nor more than $10,000 for a subsequent
16violation.
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