Citations Affected: IC 8-3.
Synopsis: Railway safety. Provides the Indiana department of
transportation with health and safety inspection authority for, among
other areas, railroad rights-of-way, terminals, rail yards, and rail
loading and unloading facilities, to the extent that this authority does
not violate or is preempted by federal law. Provides that the Indiana
department of transportation may order the removal of a dangerous or
an unhealthy condition in property owned or operated by a railroad.
Provides for a fine schedule for violations of railroad health or safety
conditions, to be recovered in an action to be brought by the Indiana
department of transportation.
Effective: July 1, 2001.
January 11, 2001, read first time and referred to Committee on Roads and Transportation.
February 19, 2001, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
and rail employees and for the purpose of abating and removing
dangerous or unhealthy conditions found to exist in these locations.
(c) The department shall order the abatement and removal of a
dangerous or an unhealthy condition and order improvements to
be made remedying the dangerous or unhealthy condition if the
condition is shown to be dangerous to the health and safety of the
general public or the employees.
(d) A carrier operating in Indiana who willfully violates this
section is liable to the department for one (1) of the following
penalties:
(1) For the first violation, a penalty of at least one hundred
dollars ($100) and not more than five hundred dollars ($500).
(2) For a second violation that occurs not later than three (3)
years after the first violation, a penalty of at least five
hundred dollars ($500) and not more than one thousand
dollars ($1,000).
(3) For a third violation that occurs not later than three (3)
years after the first violation, a penalty of at least one
thousand dollars ($1,000) and not more than five thousand
dollars ($5,000).
(4) For a fourth violation that occurs not later than three (3)
years after the first violation, a penalty of at least five
thousand dollars ($5,000) and not more than ten thousand
dollars ($10,000).
A penalty under this section shall be recovered through a legal
action brought by the attorney general, or under the direction of
the attorney general, in the name of the state of Indiana on relation
of the Indiana department of transportation in the circuit or
superior court with jurisdiction in a county through which the
railroad is run or operated.
(e) The department may adopt rules under IC 4-22-2 to carry
out this chapter.