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H. B. No. 528 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsor:
Representative Pillich
A BILL
To enact sections 4963.30 and 4999.07 of the Revised
Code 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4963.30 and 4999.07 of the Revised
Code be enacted to read as follows:
Sec. 4963.30. (A) If a train that will be departing from any
location within this state will be transporting eighty thousand
pounds or more of hazardous materials, the railroad company that
owns or leases the train shall notify each member of the crew who
will be on that train that the train they will be operating will
contain bulk quantities of hazardous materials. The railroad
company shall provide the notice not later than ten hours prior to
the train's scheduled departure time for the purpose of ensuring
that the crew will receive adequate rest prior to departure.
A railroad company shall ensure that a crew of not less than
two qualified railroad employees is present on every such train
while it is operated outside of railroad yards, except when
railroad operations require that one train crew member dismount
the train to perform authorized railroad duties.
(B) A railroad company that fails to comply with the
requirements contained in division (A) of this section is liable
for a civil penalty of one thousand dollars per occurrence. The
failure of a member of a train crew to receive the advanced
notification described in division (A) of this section in a timely
manner as prescribed in that division constitutes such an
occurrence. The attorney general, upon the request of the public
utilities commission, shall bring a civil action to collect
penalties described in this division. All penalties collected
under this division shall be deposited into the state treasury to
the credit of the public utilities fund created in section 4905.10
of the Revised Code.
Sec. 4999.07. (A) No superintendent, trainmaster, or other
employee of a railroad shall send or cause to be sent outside of a
railroad yard a freight train if the crew of the freight train
consists of less than one engineer and one conductor.
(B) Whoever violates division (A) of this section is liable
for a civil penalty of one thousand dollars. The attorney general,
upon the request of the public utilities commission, shall bring a
civil action to collect penalties described in this division. All
penalties collected under this division shall be deposited into
the state treasury to the credit of the public utilities fund
created in section 4905.10 of the Revised Code.
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