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Introduced Version House Bill 2113 History

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hb2113 intr
H. B. 2113


(By Delegates Boggs, Ron Thompson and Rick Thompson)
[Introduced February 9, 2005; referred to the
Committee on Roads and Transportation then the Judiciary.]




A BILL to amend and reenact §24-3-1 b of the code of West Virginia, 1931, as amended, relating to increasing public safety by requiring a certified railroad locomotive engineer to be in direct control of the train or locomotive movement.

Be it enacted by the Legislature of West Virginia:
That §24-3-1
b of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.

§24-3-1b. Locomotive power units; helper units; one person crew prohibited; engineer requirement; restrictions on selection of crew; engineer in direct control for public safety; definitions; promulgation of rules.

(a) Except for operation in its yards or terminals, and except where a train is being moved as an actual movement into or from another state not having a requirement of at least two persons controlling a locomotive as is required in this state pursuant to this section, no railroad may permit or require any crew-controlled locomotive power unit, including helper units, that is not attached to a train to be operated by a crew of fewer than two persons. At least one crew member shall be a federal railroad administration certified and licensed locomotive engineer within the meaning of applicable federal statutes and regulations. The second crew member shall be selected from either train service or engine service personnel: Provided, That the selection does not violate federal statutes or regulations or local collective bargaining agreements.
(b) In order to provide for the safety of the public, any train or locomotive, operated in single or multiple unit operations, shall have a certified railroad locomotive engineer in direct control of the train or locomotive movement. The certified railroad locomotive engineer shall be located at the controls in the cab of the controlling unit.
(b) (c) As used in this section:
(1) "Cab" means that portion of the superstructure designated to be occupied by the crew operating the locomotive.
(2) "Certified railroad locomotive engineer" means a train service engineer that is certified in accordance with the provisions of 49 CFR, Part 240.
(3) "Controlling unit" means a locomotive from which the propulsion system, the sanders and power brake system of each locomotive, whether coupled, in remote or multiple operation, responds.
(1) (4) "Crew-controlled locomotive" means a locomotive power unit, single or in multiple, which is operated by on-board personnel, but does not include units controlled by radio or other remote control by a crew on another locomotive power unit.
(2) (5) "Helper unit" means a locomotive power unit placed at some point in a train for the purpose of supplementing the power available from the locomotive power unit controlling a train.
(c) (d) It is unlawful to institute any disciplinary action or other adverse administrative action against any person who reports a violation of or acts to enforce the provisions of this section or this article. The person's remedies under this section are in addition to any other remedies that may be otherwise available.
(d) (e) The public service commission shall, on or before the first day of July, one thousand nine hundred ninety-three, promulgate rules to implement the provisions of this section.


NOTE: The purpose of this bill is to increase public safety by requiring a certified railroad locomotive engineer to be in direct control of the train or locomotive movement.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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