Bill Text: OH HB528 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To provide that if a train will be carrying 80,000 pounds or more of hazardous materials, the railroad company must provide the train crew with notification of that fact at least ten hours prior to the train's scheduled departure time and to require the crews of such trains to consist of not less than two qualified railroad employees and the crews of other freight trains to consist of not less than one engineer and one conductor.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-28 - To Transportation, Public Safety and Homeland Security [HB528 Detail]
Download: Ohio-2013-HB528-Introduced.html
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Representative Hagan, R.
Cosponsor:
Representative Pillich
To enact sections 4963.30 and 4999.07 of the Revised | 1 |
Code to provide that if a train will be carrying | 2 |
80,000 pounds or more of hazardous materials, the | 3 |
railroad company must provide the train crew with | 4 |
notification of that fact at least ten hours prior | 5 |
to the train's scheduled departure time and to | 6 |
require the crews of such trains to consist of not | 7 |
less than two qualified railroad employees and the | 8 |
crews of other freight trains to consist of not | 9 |
less than one engineer and one conductor. | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4963.30 and 4999.07 of the Revised | 11 |
Code be enacted to read as follows: | 12 |
Sec. 4963.30. (A) If a train that will be departing from any | 13 |
location within this state will be transporting eighty thousand | 14 |
pounds or more of hazardous materials, the railroad company that | 15 |
owns or leases the train shall notify each member of the crew who | 16 |
will be on that train that the train they will be operating will | 17 |
contain bulk quantities of hazardous materials. The railroad | 18 |
company shall provide the notice not later than ten hours prior to | 19 |
the train's scheduled departure time for the purpose of ensuring | 20 |
that the crew will receive adequate rest prior to departure. | 21 |
A railroad company shall ensure that a crew of not less than | 22 |
two qualified railroad employees is present on every such train | 23 |
while it is operated outside of railroad yards, except when | 24 |
railroad operations require that one train crew member dismount | 25 |
the train to perform authorized railroad duties. | 26 |
(B) A railroad company that fails to comply with the | 27 |
requirements contained in division (A) of this section is liable | 28 |
for a civil penalty of one thousand dollars per occurrence. The | 29 |
failure of a member of a train crew to receive the advanced | 30 |
notification described in division (A) of this section in a timely | 31 |
manner as prescribed in that division constitutes such an | 32 |
occurrence. The attorney general, upon the request of the public | 33 |
utilities commission, shall bring a civil action to collect | 34 |
penalties described in this division. All penalties collected | 35 |
under this division shall be deposited into the state treasury to | 36 |
the credit of the public utilities fund created in section 4905.10 | 37 |
of the Revised Code. | 38 |
Sec. 4999.07. (A) No superintendent, trainmaster, or other | 39 |
employee of a railroad shall send or cause to be sent outside of a | 40 |
railroad yard a freight train if the crew of the freight train | 41 |
consists of less than one engineer and one conductor. | 42 |
(B) Whoever violates division (A) of this section is liable | 43 |
for a civil penalty of one thousand dollars. The attorney general, | 44 |
upon the request of the public utilities commission, shall bring a | 45 |
civil action to collect penalties described in this division. All | 46 |
penalties collected under this division shall be deposited into | 47 |
the state treasury to the credit of the public utilities fund | 48 |
created in section 4905.10 of the Revised Code. | 49 |