(1) The general assembly hereby finds, determines, and declares that it is in the public interest to require that a common carrier engaged in the transportation of freight by railroad have multiple crew members aboard a railroad train or light engine in order to help ensure the public safety of citizens of this state and the safety of the state's waterways and natural environment.
A railroad train or light engine operated in connection with carrying freight musthave at least two crew members aboard while the railroad train or light engine is moving.
Subsection (2) of this section does not apply to:
Helper service;
Trains that are used primarily for the purpose of transporting people from one location to another or are used for tourism purposes such as scenic, historic, or excursion rides;
A locomotive or group of locomotives that are traveling no more than thirty miles perhour outside of a rail yard and are attached only to a caboose;
Hostler service; and
The movement of a train for the purpose of loading or unloading freight so long asthe train is moving no more than ten miles per hour.
(4) A person who willfully violates subsection (2) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of:
Not less than two hundred fifty dollars nor more than one thousand dollars for a firstoffense;
Not less than one thousand dollars nor more than five thousand dollars for a secondoffense committed within three years; or
Not less than five thousand dollars nor more than ten thousand dollars for a third orsubsequent offense committed within three years.
(5) As used in this section:
(a) (I) "Crew member" means an employee of the common carrier involved in the operation of a railroad train or light engine.
(II) "Crew member" does not include a hostler service or utility employee or contractor of the carrier.
(b) (I) "Helper service" means the use of a locomotive or a group of locomotives to assist another train that is experiencing mechanical failure or lacks the power to traverse difficult terrain.
(II) "Helper service" includes the travel to or from a location where the assistance is provided.
(c) "Hostler service" means the movement of locomotives that are not attached to rail cars within a rail yard.
Source: L. 2019: Entire section added, (HB 19-1034), ch. 45, p. 152, § 2, effective July 1.