LRB-4298/3
PEN:cmh:jf
1999 - 2000 LEGISLATURE
March 28, 2000 - Introduced by
Committee on Insurance, Tourism,
Transportation and Corrections. Referred to Committee on Insurance,
Tourism, Transportation and Corrections.
SB515,1,3
1An Act to amend 192.25 (2) of the statutes;
relating to: the minimum number
2of railroad employes required to be present in the cab of the lead control
3locomotive 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. These requirements are preempted by federal law except to the extent
that they prohibit over-the-road train operation unless the railroad train or
locomotive has a train crew of at least two persons. Over-the-road operations,
however, may also be exempted from this two-person train crew requirement by
specific agreement between the Federal Railway Administration and an individual
railroad. Burlington Northern and Santa Fe Railway Co. v. Doyle, 186 F.3d 790
(1999).
This bill requires that the 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.
The commissioner of railroads may grant exceptions to these requirements, if
the exceptions will not endanger life or property.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB515, s. 1
1Section
1. 192.25 (2) of the statutes is amended to read:
SB515,2,122
192.25
(2) No person operating or controlling any railroad, as defined in s.
385.01 (5), may allow the operation of any railroad train or locomotive in this state
4unless the railroad train or locomotive has a crew of at least 2 individuals. One of
5the individuals shall be a certified railroad locomotive engineer. The other
6individual shall be either a certified railroad locomotive engineer or a qualified
7railroad trainman. A certified railroad locomotive engineer shall
be present in the
8cab and shall operate the
lead control locomotive at all times that the railroad train
9or locomotive is in motion. The other crew member
shall be present in the cab of the
10lead control locomotive at all times that the railroad train or locomotive is in motion,
11but may dismount the railroad train or locomotive when necessary to perform
12switching activities and other duties in the course of his or her job.
SB515,2,1514
(1) This act first applies to railroad trains or locomotives operated on the
15effective date of this subsection.
