Introduced Version
HOUSE BILL No. 1102
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 8-9-2.
Synopsis: Railroad train crews. Requires at least two employees to
operate a train that: (1) is carrying hazardous material; (2) is operated
over a public crossing; or (3) is operated on or adjacent to a track
where a passenger train is operating. Provides penalties for violations.
Effective: July 1, 2002.
Kromkowski
January 8, 2002, read first time and referred to Committee on Roads and Transportation.
Introduced
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
HOUSE BILL No. 1102
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-9-2-1; (02)IN1102.1.1. -->
SECTION 1.
IC 8-9-2-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 1. When used in this chapter and
for the purpose of this chapter:
(a) The term "carrier" means a common carrier by railroad, and any
receiver or any other individual or body, judicial or otherwise, when in
possession of the business of a carrier or carriers covered by this
chapter, excluding street, suburban and interurban electric railways,
unless operated as a part of a general railroad system of transportation,
and excluding common carriers by railroad whose main line track is
twenty-five (25) miles or less in length.
(b) The term "locomotive" means any self-propelled unit operated
by any form of energy or power, whether produced thereon or furnished
from any outside source, and adapted for use in moving cars upon rails
or for the transportation of passengers and/or freight or property, except
locomotive cranes, pile-drivers, weed-burners, and other self-propelled
engines or machines not used for the transportation of passengers
and/or freight or property for hire.
(c) The term "light engine" means any locomotive operated without
cars and not transporting passengers, freight or property.
(d) The term "passenger train" means any self-propelled unit while
transporting passengers or any locomotive with one (1) or more cars
constructed for the purpose of transporting passengers, baggage, mail,
express or combination of either or any.
(e) The term "freight train" means any train composed of one (1) or
more locomotives with one (1) or more cars or other vehicles
constructed for the purpose of transporting freight or other property not
specifically referred to in the above definition of a passenger train.
(f) The term "engineer" means a person who operates a locomotive
and performs related work.
(g) The term "fireman" means a person who fires a locomotive
and/or assists an engineer in the performance of his duties as such.
(h) The term "conductor" means a person having charge of the
operation of a train en route, at stations and between stations, and who
performs related work.
(i) The term "flagman" means a person whose duties are to furnish
flag protection to the train to which he is assigned as prescribed by the
rules of the carrier.
(j) The term "brakeman" means a person who assists a conductor in
the operation and protection of a train, and who performs related work.
(k) The term "yard conductor" or "foreman" means a person whose
duties are to supervise and assist in the work of switching and yard
work train service, including supervision of the breaking up and the
making up of trains, and to perform related work.
(l) The term "yard brakeman" or "helper" means a person whose
duties are to couple, uncouple, and ride cars in connection with the
breaking up and making up of trains; to handle switches; and to
perform related work in connection with yard switching service.
(m) The term "main track" means any continuous track over which
trains operate through and between stations.
(n) The term "competent employee" means the following:
(1) One who is able to read and understand the time tables of the
carrier by whom he is employed, and to read ordinary hand
writing in the English language, and who is able to speak, hear
and understand the English language, and to see, distinguish and
understand the signals required by the book of rules of the carrier
governing the operation of the locomotives and trains of such
carrier. When defective sight can be remedied by the use of
glasses or other means, such defective sight shall not thereby
render an employee incompetent under this chapter.
(2) As applied to an engineer, one who, in addition to being
possessed of the qualifications prescribed in clause (1) of this
subdivision, shall have passed the regular examination prescribed
by the carrier concerning rules and regulations governing the
position of an engineer.
(3) As applied to a conductor, one who, in addition to being
possessed of the qualifications prescribed in clause (1) of this
subdivision, shall have passed the regular examination prescribed
by the carrier concerning rules and regulations governing
conductors.
(4) As applied to a flagman, one who, in addition to being
possessed of the qualifications prescribed in clause (1) of this
subdivision, shall have had at least six (6) month's experience in
train service and shall have passed the regular examination
prescribed by the carrier concerning the rules and regulations
governing brakemen.
(5) As applied to a fireman, a brakeman, or a yard brakeman or
helper, one who, in addition to being possessed of the
qualifications prescribed in clause (1) of this subdivision, shall
have passed the regular examination prescribed by the carrier
concerning the rules and regulations governing firemen,
brakemen, or yard brakemen or helpers.
(6) As applied to a yard conductor or foreman, one who, in
addition to being possessed of the qualifications prescribed in
clause (1) of this subdivision, shall have passed a regular
examination prescribed by the carrier concerning rules and
regulations governing yard conductors or foremen.
(o) The term "qualified railroad employee" means a person who
has successfully completed a railroad carrier's training program
and passed an examination on railroad operation rules.
SOURCE: IC 8-9-2-8.5; (02)IN1102.1.2. -->
SECTION 2.
IC 8-9-2-8.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 8.5. (a) It is unlawful for a carrier to operate or
permit to be operated a freight train that is:
(1) hauling hazardous material;
(2) operated over a public crossing; or
(3) operated on or adjacent to a track where a passenger train
is operating;
with a crew that consists of less than one (1) engineer, who must be
located on the controlling locomotive, and one (1) qualified
railroad employee, who must be located at a work station on the
freight train. The qualified railroad employee may dismount the
freight train when necessary to perform switching activities and
other duties in the course of the employee's job.
(b) The following are exempt from this section:
(1) A locomotive plus any number of freight railroad cars
operating in a repair and servicing facility within a terminal.
(2) A freight train assigned to perform switching duties that
are not a part of the general railroad system.
SOURCE: IC 8-9-2-11; (02)IN1102.1.3. -->
SECTION 3.
IC 8-9-2-11
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 11.
(a) Any carrier operating in
Indiana who willfully violates
sections 2 through 8 of this
chapter is
liable to the state for a penalty of not less than one hundred dollars
($100) nor more than five hundred dollars ($500) for each violation.
The penalty shall be recovered and suits therefor brought by the
attorney general, or under the attorney general's direction, in the name
of the state on relation of the Indiana department of transportation in
the circuit or superior court of a county through which the railroad
may
be is run or operated.
(b) A carrier operating in Indiana who willfully violates section
8.5 of this chapter is liable to the state 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).
This subsection may be enforced by the attorney general in a
county through which the railroad is run or operated.