Bill Summary – FastDemocracy

H.B. 408
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                              Mar 24, 2021
                                      SESSION 2021                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                    HOUSE BILL DRH30203-MH-124
     Short Title:   Regulation of Railroad Crews.                                                 (Public)
     Sponsors:      Representative Logan.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO PROHIBIT A TRAIN OR LIGHT ENGINE USED IN CONNECTION WITH
     THE MOVEMENT OF FREIGHT FROM BEING OPERATED IN THIS STATE UNLESS
     IT HAS A CERTAIN NUMBER OF CREW MEMBERS.
 The General Assembly of North Carolina enacts:
             SECTION 1. Article 15 of Chapter 136 of the General Statutes is amended by adding
 a new section to read:
 "§ 136-199. Train crew staffing.
     (a)     No railroad train or light engine used in a Class I railroad, as defined by the Federal
 Surface Transportation Board, in connection with the movement of freight shall be operated in
 the State unless the train has a crew of at least two persons.
     (b)     Any person who willfully violates any requirement of this section shall be guilty of a
 Class 1 misdemeanor and assessed a fine as follows:
             (1)     For the first offense, a fine of not less than two hundred fifty dollars ($250.00)
                     nor more than one thousand dollars ($1,000).
             (2)     For a second offense committed within three years of the first offense, a fine
                     of not less than one thousand dollars ($1,000) nor more than five thousand
                     dollars ($5,000).
             (3)     For a third and subsequent offense committed within a three-year period, a
                     fine of not less than five thousand dollars ($5,000) nor more than ten thousand
                     dollars ($10,000).
     (c)     This section does not apply to:
             (1)     A person who moves locomotives unattached to railcars within a rail yard.
             (2)     An employee who is temporarily assigned to work with train or yard crews
                     consistent with 49 C.F.R. § 218.22.
     (d)     As used in this section, "light engine" means a locomotive or a consist of locomotives
 not attached to any piece of equipment or attached only to a caboose, not traveling more than 30
 miles outside of a rail yard."
             SECTION 2. This act becomes effective January 1, 2022.
                                   *DRH30203-MH-124*