MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Transportation

By: Representatives Gibbs, Broomfield, Green, Harrison, Huddleston, Middleton, Thomas, Wallace, West

AN ACT TO ESTABLISH A MINIMUM NUMBER OF CREW REQUIRED ON TRAINS; TO PRESCRIBE THE QUALIFICATIONS FOR SUCH CREW MEMBERS; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For the purposes of this section, the following terms shall have the meanings ascribed in this subsection unless the context otherwise requires:

(a) "Certified railroad locomotive engineer" means a person certified under Title 49 Code of Federal Regulations Section 240 as a train service engineer, locomotive servicing engineer or student engineer.

(b) "Qualified railroad trainman" means a person who has successfully completed a railroad carrier's training program and passed an examination on railroad operation rules.

(2) Except when the life or property of any person is endangered, no person operating or controlling any railroad, as defined in Section 77-9-5, may allow the operation of any railroad train or locomotive in this state unless the railroad train or locomotive has a crew of at least two (2) individuals. One (1) of the individuals shall be a certified railroad locomotive engineer. The other individual shall be either a certified railroad locomotive engineer or a qualified railroad trainman. A certified railroad locomotive engineer shall operate the control of the locomotive at all times that the railroad train or locomotive is in motion. The other crew member may dismount the railroad train or locomotive when necessary to perform switching activities and other duties in the course of his or her job.

(3) Subsection (2) of this section does not apply to the extent that it is contrary to or inconsistent with a regulation or order of the Federal Railroad Administration.

(4) Any person who violates subsection (2) of this section may be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for a first offense, not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars($500.00) for a second offense committed within three (3) years, and not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a third offense committed within three (3) years.

SECTION 2. Section 1 of this act shall be codified in Chapter 9, Title 77, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.