Standard employee identification requirements — Findings — Definitions

  1. Law
  2. Arkansas Code
  3. Public Utilities and Regulated Industries
  4. Public Utilities And Carriers
  5. Operation and Maintenance of Railroads
  6. Employees
  7. Standard employee identification requirements — Findings — Definitions

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  1. (a) The General Assembly finds that:

    1. (1) The services provided by railroads are essential to the functionality of the state;

    2. (2) The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident;

    3. (3) The Rail Safety Improvement Act of 2008, Pub. L. No. 110-432, mandated Federal Railroad Administration certification for railroad employees; and

    4. (4) Providing standard identification requirements facilitates the investigation of railroad accidents or incidents for the investigating law enforcement officers or other safety officers.

  2. (b) As used in this section:

    1. (1) “Federal Railroad Administration-certified conductor” means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;

    2. (2) “Federal Railroad Administration-certified engineer” means an engineer licensed and certified by the Federal Railroad Administration;

    3. (3) “Railroad accident or incident” means a collision or impact that:

      1. (A) Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and

      2. (B) Results in death, injury, or property damage; and

    4. (4) “Railroad manager” means a railroad employee overseeing and assisting in the operation of railroad transit.

  3. (c)

    1. (1) Except as provided in subdivision (c)(2) of this section, a railroad employee involved in a railroad accident or incident shall not be required to present his or her driver's license for identification purposes to a law enforcement officer or other safety officer investigating the railroad accident or incident.

    2. (2) In lieu of a driver's license under subdivision (c)(1) of this section, Federal Railroad Administration certification may be presented to a law enforcement officer or other safety officer by a:

      1. (A) Federal Railroad Administration-certified conductor;

      2. (B) Federal Railroad Administration-certified engineer; or

      3. (C) Railroad manager.


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