COMMITTEE SUBSTITUTE

FOR

H. B. 2206
(By Mr. Speaker, Mr. Chambers, and Delegates

Houvouras, Schoonover and Tribett)



(Originating in the House Committee on the Judiciary)


(March 31, 1993)


A BILL to amend article three, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-b, relating to locomotive power units; requiring railroad crew-controlled units to be operated by at least two persons; exceptions; requiring an engineer to be part of the crew; restricting selection of the crew; definitions; and promulgation of rules.

 Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one- b, 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; 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) As used in this section:
(1) "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) "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) 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 thissection or this article. The person's remedies under this section are in addition to any other remedies that may be otherwise available.
(d) 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.