Bill Text: WV HB2238 | 2013 | Regular Session | Introduced
Bill Title: Relating to treatment for drug and alcohol addiction
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-13 - To House Health and Human Resources [HB2238 Detail]
Download: West_Virginia-2013-HB2238-Introduced.html
(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.
(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.
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.