Existing law establishes provisions governing the operation of railroads in this State. (Chapter 705 of NRS) Section 2 of this bill prohibits a railroad company owning or operating any railroad in this State from: (1) operating, running or allowing to be run on certain railroad tracks a freight or work train that is more than 8,500 feet long; and (2) placing a stationary rail car or train within 1,500 feet of a railroad grade crossing. Section 2 also requires a railroad company owning or operating any railroad in this State to: (1) install and periodically inspect a hot box detector every 10 miles along certain railroad tracks in this State; and (2) cut, separate or move a train, rolling stock or other on-track equipment that has come to a complete stop and is blocking a railroad grade crossing, if an authorized emergency vehicle is approaching the crossing, with certain exceptions. Section 3 of this bill prohibits a railroad company owning or operating any railroad in this State from placing or causing to be placed certain material, debris and other objects that could pose a safety hazard to employees of the railroad within a certain area surrounding railroad tracks. Section 4 of this bill requires certain railroads that operate a railroad yard where rail cars or locomotives are frequently switched, repaired or inspected at night or where trains are frequently assembled or disassembled at night to: (1) maintain the lighting equipment installed in such railroad yards in good and working order; and (2) promptly repair or replace malfunctioning lighting equipment within 48 hours after receiving a report of a malfunction of the equipment. Section 4 establishes certain minimum standards for lighting equipment installed in a railroad yard where rail cars or locomotives carrying hazardous materials are frequently switched, repaired or inspected at night or where certain trains carrying such materials are frequently assembled or disassembled at night. Section 4 additionally requires certain railroads and the union representatives of the employees of each railroad yard of such railroads to annually compile and transmit to the Public Utilities Commission of Nevada certain reports relating to the maintenance and operation of the lighting equipment installed in the railroad yards operated by the railroad. Section 5 of this bill requires a railroad company owning or operating any railroad in this State to authorize a representative of a union that represents the employees of the railroad to monitor the safety practices of the railroad. Section 5 requires a railroad to authorize the representative of such a union to access the property of the railroad to conduct certain inspections and other activities to monitor the safety practices of the railroad. Section 5 also requires a railroad to notify the Commission and certain union officials upon the occurrence of any derailment, collision or other incident involving a train, rail car, locomotive or other equipment owned or operated by the railroad or operated on the railroad tracks owned or operated by the railroad. Section 6 of this bill requires each railroad company owning or operating any railroad in this State to provide a bond to the Commission in an amount of not less than $5,000,000 to ensure the compliance of the railroad with the provisions of sections 2-5. Section 6 also provides that a railroad that violates the provisions of sections 2-5 is subject to certain civil penalties. Existing law requires an operator of a motor vehicle that transports passengers for compensation pursuant to a contract with one or more customers to obtain a permit from the Nevada Transportation Authority as a contract motor carrier. Existing law subjects each contract motor carrier to certain regulations and requirements. (Chapter 706 of NRS) Sections 9-20 of this bill prescribe additional requirements for railroad contract carriers, which are contract motor carriers that specifically transport, for compensation and within this State, employees of a railroad. Section 15 limits, with certain exceptions, the number of hours that a railroad contract carrier can require or allow a driver employed by the carrier to drive or otherwise be on duty for the carrier. Section 15 requires a railroad contract carrier to ensure that each driver maintains accurate time records on a daily basis. Section 15 requires each railroad contract carrier to collect and retain records for each driver for a period of not less than 1 year. Section 16 prohibits a railroad contract carrier from employing a driver who has twice been convicted of certain traffic offenses within a 3-year period or has ever had his or her driving privileges suspended or revoked due to a conviction of certain traffic offenses. Section 16 also requires a railroad contract carrier to maintain for each driver employed by the carrier certain information relating to the driving ability and safety record of the driver. Section 17 prohibits a person from acting as a driver for a railroad contract carrier unless the person submits to testing for alcohol and controlled substances. Section 17 also requires a railroad contract carrier to test a driver involved in a crash involving certain injuries for alcohol and controlled substances as soon as practicable after the crash. Section 17 requires a railroad contract carrier to transmit the results of any post-crash testing of a driver to the Authority. Section 18 requires a railroad contract carrier to annually inspect each transport vehicle operated by the carrier. Section 18 further requires a railroad contract carrier to develop a vehicle safety and maintenance policy, which must provide for the weekly inspection of parts and accessories of each transport vehicle. Section 18 requires each transport vehicle operated by a railroad contract carrier to be equipped with certain equipment and safety features. Existing law requires motor carriers regulated by the Authority to maintain a liability insurance policy in such amounts as the Authority may designate. (NRS 706.291) Section 19 instead requires each railroad contract carrier to maintain a certain minimum amount of liability coverage and uninsured and underinsured vehicle coverage. Section 25 of this bill clarifies that the insurance requirements of section 19 apply only to railroad contract carriers and not to other contract motor carriers, which are still required to maintain the minimum amount of coverage prescribed by the Authority. Additionally, section 20 requires a railroad contract carrier to provide a bond to the Authority in an amount of not less than $5,000,000 to ensure the compliance of the railroad contract carrier with the provisions of sections 8-20. Existing law declares all contract motor carriers to be affected with a public interest and subject to the permitting, regulatory and enforcement authority of the Authority. (NRS 706.156) Section 22 of this bill requires a railroad contract carrier to comply with the provisions of sections 8-20 in the same manner as the carrier is required to comply with other requirements and regulations applicable to contract motor carriers generally. Sections 26-30 provide for the enforcement of sections 8-20 by the Authority in the same manner as other provisions relating to motor carriers. Section 23 of this bill clarifies that the requirements of sections 8-20 are inapplicable to vehicles leased to or owned by certain governmental entities. Section 24 of this bill requires a railroad contract carrier to display certain identifying information on each vehicle it operates. Sections 9-14 define certain terms relating to railroad contract carriers and section 8 establishes the applicability of those definitions. Section 21 of this bill applies definitions in existing law relating to the regulation of motor carriers to sections 8-20.

Statutes affected:
As Introduced: 706.011, 706.156, 706.163, 706.281, 706.291, 706.321, 706.431, 706.461, 706.756, 706.781
BDR: 706.011, 706.156, 706.163, 706.281, 706.291, 706.321, 706.431, 706.461, 706.756, 706.781