Bill Text: FL S1468 | 2020 | Regular Session | Introduced
Bill Title: Trains
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S1468 Detail]
Download: Florida-2020-S1468-Introduced.html
Florida Senate - 2020 SB 1468
By Senator Taddeo
40-01092A-20 20201468__
1 A bill to be entitled
2 An act relating to trains; creating s. 341.3023, F.S.;
3 requiring, as a condition of operation in this state,
4 that trains used in connection with the movement of
5 freight and passengers have a crew that consists of at
6 least two individuals; providing exceptions; defining
7 terms; authorizing the Secretary of Transportation to
8 exempt certain railroad carriers from specified
9 provisions of law under certain conditions; providing
10 requirements for such exemptions; authorizing the
11 Department of Transportation to assess civil penalties
12 against a person or an entity for a specified
13 violation, subject to certain requirements; requiring
14 the department to exercise certain authority to the
15 extent that such authority is not preempted by federal
16 law or regulation; creating s. 341.3024, F.S.;
17 requiring, as a condition of operation in this state,
18 that trains used in connection with the movement of
19 certain materials and substances have a crew that
20 consists of at least two individuals; authorizing the
21 Secretary of Transportation to exempt certain railroad
22 carriers from specified provisions of law under
23 certain conditions; providing requirements for such
24 exemptions; authorizing the department to assess civil
25 penalties against a person or entity for a specified
26 violation, subject to certain requirements; requiring
27 the department to exercise certain authority to the
28 extent that such authority is not preempted by federal
29 law or regulation; providing an effective date.
30
31 WHEREAS, the safety of train passengers, crewmembers,
32 commuters, and residents of the communities in this state which
33 are traversed by trains, and the safe transport of the freight
34 carried on those trains, are of paramount importance to this
35 state, and
36 WHEREAS, the right to regulate statewide safety concerns
37 that the United States Secretary of Transportation has not
38 addressed through the promulgation of a specific rule,
39 regulation, or standard covering and subsuming the subject
40 matter falls exclusively to the state, and
41 WHEREAS, railroad operational challenges make it necessary,
42 expedient, and a matter of public safety that at least two
43 qualified persons operate the trains that traverse this state,
44 and
45 WHEREAS, positive train control is, or once fully
46 operational will become, a necessary safety overlay to the safe
47 operations of passenger and freight train service in this state,
48 but is not a replacement for minimal safe staffing requirements
49 for trains, and
50 WHEREAS, the National Transportation Safety Board’s
51 recommendations regarding situational awareness, safety policies
52 adopted by carriers, and regulatory requirements make a minimum
53 train staffing level of at least two qualified persons in the
54 cab of a leading locomotive indispensable and practically
55 necessary, and
56 WHEREAS, the lives of hundreds of passengers in commuter
57 and passenger trains in this state depend on the training,
58 knowledge, skills, and expertise of at least two qualified
59 crewmembers to safely get them to their destination and to
60 navigate the immediate aftermath of a train-related emergency in
61 order to minimize injury and loss of life, and
62 WHEREAS, hazardous materials travel safely by train through
63 our communities with the comfort of, and dependence on, a safety
64 culture with safety overlays and required redundancy which is
65 vital to avoiding accidents and of the utmost necessity when an
66 accident does occur, particularly in populated areas of this
67 state, and a minimum of two qualified persons is a required
68 component of such a safe operational system, and
69 WHEREAS, first responders rely on and work directly with
70 ground crewmembers during emergency situations and depend on
71 them for their own safety while on and around the tracks, and it
72 is necessary that at least one crewmember remain at the controls
73 of the locomotive to ensure safety and vital communications, and
74 WHEREAS, a state regulation requiring that trains used in
75 connection with the movement of freight and passengers have a
76 crew that consists of at least two individuals is not
77 incompatible with any law, regulation, or order of the United
78 States Government, and
79 WHEREAS, most existing state rail operations have a minimum
80 staffing level of two qualified persons, and this act makes
81 reasonable exceptions and accommodations that will not
82 negatively affect the intent to protect and enhance rail safety
83 statewide, while not unreasonably burdening interstate commerce,
84 NOW, THEREFORE,
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Section 341.3023, Florida Statutes, is created
89 to read:
90 341.3023 Crew requirements for trains.—
91 (1) Except as otherwise provided in this section, as a
92 condition of operation in this state, a train used in connection
93 with the movement of freight or passengers must have a crew that
94 consists of at least two individuals.
95 (2) A train engaged in the transport of passengers in this
96 state may operate with one qualified individual in the train and
97 one qualified individual in a connected rail car, provided that,
98 in corridors that are not positive train control-protected or
99 where positive train control systems are inoperable or known to
100 be failing, at least two qualified individuals must operate in
101 the train.
102 (3) A train may operate with fewer than two individuals if
103 it is any one of the following:
104 (a) A train engaged in switching movements, whether at a
105 rail yard, a line of road, or a customer facility. Such a train
106 may operate with one qualified individual in the train and at
107 least one qualified individual remotely operating the train.
108 (b) A train performing helper service. For purposes of this
109 paragraph, the term “helper service” means the use of a train or
110 group of trains to assist another train that has experienced
111 mechanical failure or that lacks the power to traverse difficult
112 terrain, and includes traveling to or from a location where
113 assistance is provided.
114 (c) A train used for purposes of tourist, scenic, historic,
115 or excursion operations and not operating as part of the rail
116 system. However, if the train operates for 1.5 hours or more
117 during the hours between 11 p.m. and 5:30 a.m., it must be
118 operated by two qualified individuals during those hours.
119 (d) A train that is not attached to any piece of equipment
120 or is attached only to a caboose and that is not traveling more
121 than 30 miles outside of a rail yard.
122 (e) A train performing hostler service. For purposes of
123 this paragraph, the term “hostler service” means the movement of
124 a train not attached to rail cars inside a rail yard.
125 (f) A freight train used for the purposes of mine loadout
126 or plant dumping, or a similar operation in which a freight
127 train is being loaded or unloaded in an assembly-line manner in
128 an industry while the train moves at a speed of 10 miles per
129 hour or less.
130 (4)(a) The Secretary of Transportation may exempt a
131 railroad carrier with 15 or fewer employees from the limitations
132 imposed by this section if a train is being operated under all
133 of the following conditions:
134 1. The authorized maximum speed of the train is 15 miles
135 per hour or less.
136 2. The average grade of any segment of the track on which
137 the train travels is less than 1 percent over 3 continuous miles
138 or 2 percent over 2 continuous miles.
139 (b) The secretary may exempt a carrier from this section
140 after a full hearing for good cause shown and upon determining
141 that the exemption is in the public interest and will not
142 adversely affect safety. The exemption must be for a specific
143 period of time and subject to review at least annually.
144 (5) The department may assess a civil penalty against a
145 person or an entity that violates this section. If the
146 department assesses a civil penalty, it must do so as follows:
147 (a) If, within the 3 years before the violation occurred,
148 the department has not assessed a civil penalty under this
149 section against such person or entity, it may assess a penalty
150 in an amount not less than $250, but not more than $1,000.
151 (b) If, within the 3 years before the violation occurred,
152 the department has assessed one civil penalty under this section
153 against such person or entity, it may assess a penalty in an
154 amount not less than $1,000, but not more than $5,000.
155 (c) If, within the 3 years before the violation occurred,
156 the department has assessed two or more civil penalties under
157 this section against such person or entity, it may assess a
158 penalty in an amount not less than $5,000, but not more than
159 $10,000.
160 (6) The department shall exercise the authority granted
161 under this section to the extent that such authority is not
162 preempted by federal law or regulation.
163 Section 2. Section 341.3024, Florida Statutes, is created
164 to read:
165 341.3024 Crew requirements for trains used in connection
166 with the transport of certain materials and substances;
167 penalties.—
168 (1) As a condition of operation in this state, a crew that
169 consists of at least two individuals is required to operate a
170 train used in connection with the movement of any of the
171 following:
172 (a) One or more loaded freight rail cars containing
173 materials poisonous by inhalation as defined in 49 C.F.R. s.
174 171.8, including, but not limited to, anhydrous ammonia (UN
175 1005) and ammonia solutions (UN 3318).
176 (b) Ten or more loaded freight rail cars or freight rail
177 cars loaded with bulk packaging as defined in 49 C.F.R. s. 171.8
178 or with intermodal portable tanks containing any combination of
179 materials poisonous by inhalation or any Division 2.1 flammable
180 gases, Class 3 flammable liquids, or Division 1.1 or 1.2
181 explosives listed in 49 C.F.R. part 173, or hazardous substances
182 listed in 49 C.F.R. s. 173.31(f)(2).
183 (2)(a) The Secretary of Transportation may exempt a
184 railroad carrier having 15 or fewer employees from the
185 limitations imposed by this section if a train is being operated
186 under all of the following conditions:
187 1. The maximum authorized speed of the train is 15 miles
188 per hour or less.
189 2. The average grade of any segment of the track on which
190 the train travels is less than 1 percent over 3 continuous miles
191 or 2 percent over 2 continuous miles.
192 (b) The secretary may exempt a carrier from this section
193 after a full hearing for good cause shown and upon determining
194 that the exemption is in the public interest and will not
195 adversely affect safety. The exemption must be for a specific
196 period of time and subject to review at least annually.
197 (3) The department may assess a civil penalty against a
198 person or entity that violates this section. If the department
199 assesses a civil penalty, it must assess a penalty in an amount
200 not less than $2,500, but not more than $10,000. However, if the
201 Secretary of Transportation makes a finding of a willful
202 violation of this section, the department may assess a penalty
203 in an amount not more than $100,000.
204 (4) The department shall exercise the authority granted
205 under this section to the extent that such authority is not
206 preempted by federal law or regulation.
207 Section 3. This act shall take effect July 1, 2020.
