LRB-0983/1
ARG:kjf&cmh:jf
2003 - 2004 LEGISLATURE
February 26, 2003 - Introduced by Representatives Hahn, Freese, Musser,
Sherman, Seratti, Petrowski, Pocan, Bies, Black, Lassa, Shilling, Albers,
Suder, J. Lehman, Young, Gronemus, Powers, Turner, Boyle, Travis,
Krawczyk, Plale, Loeffelholz, Van Roy, Coggs, Hubler, Schneider
and
Sinicki, cosponsored by Senators Schultz, A. Lasee, Jauch, M. Meyer, George,
Erpenbach, Wirch, Hansen, Chvala, Carpenter, Moore, Risser, Breske
and
Stepp. Referred to Committee on Highway Safety.
AB103,1,4 1An Act to repeal 192.25 (1); to amend 192.25 (2) and 192.25 (3) (b); and to
2create
192.25 (3) (am) of the statutes; relating to: the minimum number of
3railroad employees required to be present in the cab of the lead control
4locomotive when the railroad train or locomotive is in motion.
Analysis by the Legislative Reference Bureau
Current law prohibits any railroad train or locomotive from operating in this
state unless the crew consists of at least two qualified persons. A locomotive engineer
must operate the control 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. The Office of the Commissioner of Railroads, by rule, may grant an
exception to these requirements if the exception will not endanger the life or property
of any person. Also, under state law, these requirements do not apply to the extent
they are contrary to or inconsistent with federal law.
In Burlington Northern and Santa Fe Railway Co. v. Doyle, 186 F.3d 790 (7th
Cir. 1999), the federal court of appeals held that these requirements are preempted
by federal law except to the extent a train crew of at least two persons is required for
over-the-road train operation (hauling train cars between terminals). However, the
requirement of a train crew of at least two persons for over-the-road train operation
may also be preempted if the Federal Railroad Administration enters into an
agreement with a railroad that expressly permits the railroad to conduct
over-the-road train operation with a one-person crew.

This bill requires that two crew members be present in the cab of the lead
control locomotive at all times that the railroad train or locomotive is in motion,
except when the railroad train or locomotive is in motion for the purpose of switching.
This requirement does not apply to a railroad train or locomotive being operated as
part of a rail passenger system providing commuter rail service, high-speed rail
service, urban rail transit service, or excursion rail service, unless the railroad train
or locomotive is carrying freight only.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB103, s. 1 1Section 1. 192.25 (1) of the statutes is repealed.
AB103, s. 2 2Section 2. 192.25 (2) of the statutes is amended to read:
AB103,2,153 192.25 (2) No person operating or controlling any railroad, as defined in s.
485.01 (5), may allow the operation of any railroad train or locomotive in this state
5unless the railroad train or locomotive has a crew of at least 2 individuals. One of
6the individuals shall be a certified railroad locomotive engineer. The other
7individual shall be either a certified railroad locomotive engineer or a qualified
8railroad trainman. A certified railroad locomotive engineer shall
present in the cab
9and shall
operate the lead control locomotive at all times that the railroad train or
10locomotive is in motion. The other crew member shall be present in the cab of the
11lead control locomotive at all times that the railroad train or locomotive is in motion,
12except when the railroad train or locomotive is in motion for the purpose of switching.
13When the railroad train or locomotive is not in motion, the other crew member
may
14dismount the railroad train or locomotive when necessary to perform switching
15activities and other duties in the course of his or her job.
AB103, s. 3 16Section 3. 192.25 (3) (am) of the statutes is created to read:
AB103,3,3
1192.25 (3) (am) Subsection (2) does not apply to a railroad train or locomotive,
2other than a railroad train or locomotive carrying freight only, that is being operated
3as part of any of the following rail passenger systems:
AB103,3,54 1. Commuter rail service operated by the state or any local governmental unit,
5as defined in s. 85.055 (1).
AB103,3,66 2. High-speed rail service.
AB103,3,77 3. Urban rail transit service.
AB103,3,98 4. Excursion rail service provided only for pleasure or recreation and having
9the same daily origination and destination point.
AB103, s. 4 10Section 4. 192.25 (3) (b) of the statutes is amended to read:
AB103,3,1311 192.25 (3) (b) Subsection (2) This section does not apply to the extent that it
12is contrary to or inconsistent with a regulation or order of the federal railroad
13administration.
AB103, s. 5 14Section 5. Initial applicability.
AB103,3,1615 (1) This act first applies to railroad trains or locomotives operated on the
16effective date of this subsection.
AB103,3,1717 (End)
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