LRBs0126/1
PEN:mfd:jf
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 35
April 24, 1997 - Offered by Committee on Highways and Transportation.
AB35-ASA1,1,3 1An Act to create 192.25 of the statutes; relating to: the minimum number of
2persons required on train crews, granting rule-making authority and
3providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB35-ASA1, s. 1 4Section 1. 192.25 of the statutes is created to read:
AB35-ASA1,1,5 5192.25 Railroad train crews. (1) In this section:
AB35-ASA1,1,86 (a) "Certified railroad locomotive engineer" means a person certified under 49
7CFR 240
as a train service engineer, locomotive servicing engineer or student
8engineer.
AB35-ASA1,1,119 (b) "Qualified railroad trainman" means a person who has successfully
10completed a railroad carrier's training program and passed an examination on
11railroad operation rules.
AB35-ASA1,2,9
1(2) No person operating or controlling any railroad, as defined in s. 85.01 (5),
2may allow the operation of any railroad train or locomotive in this state unless the
3railroad train or locomotive has a crew of at least 2 individuals. One of the
4individuals shall be a certified railroad locomotive engineer. The other individual
5shall be either a certified railroad locomotive engineer or a qualified railroad
6trainman. A certified railroad locomotive engineer shall operate the control
7locomotive at all times that the railroad train or locomotive is in motion. The other
8crew member may dismount the railroad train or locomotive when necessary to
9perform switching activities and other duties in the course of his or her job.
AB35-ASA1,2,11 10(3) (a) The office, by rule, may grant an exception to sub. (2) if the office
11determines that the exception will not endanger the life or property of any person.
AB35-ASA1,2,1312 (b) Subsection (2) does not apply to the extent that it is contrary to or
13inconsistent with a regulation or order of the federal railroad administration.
AB35-ASA1,2,17 14(4) Any person who violates sub. (2) may be required to forfeit not less than $25
15nor more than $100 for a first offense, not less than $100 nor more than $500 for a
162nd offense committed within 3 years, and not less than $500 nor more than $1,000
17for a 3rd offense committed within 3 years.
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