H. B. 2238
(By Delegates Boggs, Warner, R.M. Thompson,
Canterbury, R. Thompson and Coleman)
[Introduced January 15, 2003; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact section one-b, article three, chapter
twenty-four of the code of West Virginia, one thousand nine
hundred thirty-one, 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 section one-b, article three, chapter twenty-four of the
code of West Virginia, one thousand nine hundred thirty-one, 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.