Senate File 40 - Introduced SENATE FILE 40 BY SHIPLEY A BILL FOR An Act requiring the installation and maintenance of train 1 defect detectors on railway branch lines, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1878XS (2) 91 th/ns
S.F. 40 Section 1. NEW SECTION . 327F.6 Defect detectors. 1 1. A railroad company shall install and maintain at least 2 one defect detector on or along every railway branch line upon 3 which the company operates a train, and if the railway branch 4 line is longer than fifteen miles, the railroad company shall 5 install and maintain at least one defect detector every fifteen 6 miles. Railroad companies that operate on the same railway 7 may jointly share the costs associated with installing and 8 maintaining defect detectors under this subsection. 9 2. a. A railroad company that operates a train on a railway 10 branch line that does not have a defect detector installed and 11 maintained in accordance with subsection 1 is subject to a 12 schedule five penalty under section 327C.5 for every mile of 13 the branch line, or if the branch line is longer than fifteen 14 miles, for every mile of the branch line that is more than 15 fifteen miles away from a defect detector, as applicable. 16 b. A railroad company is subject to a schedule five 17 penalty under section 327C.5 for each time a train crosses or 18 passes by a defect detector that fails to notify the train crew 19 of a detected defect. 20 3. Railroad companies that operate on the same railway 21 branch line are jointly and severally liable in any suit 22 arising from the installation and maintenance of all defect 23 detectors, or lack thereof, on or along the branch line. 24 4. As used in this section, defect detector means a 25 device, regardless of whether the device is integrated into 26 the railway, equipped with sensors that detect axle and brake 27 abnormalities on a passing train and alert the train crew of 28 any detected abnormality. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 This bill requires a railroad company to install and 33 maintain at least one defect detector, as defined in the bill, 34 on or along every railway branch line upon which the companys 35 -1- LSB 1878XS (2) 91 th/ns 1/ 2
S.F. 40 trains operate. If the branch line is longer than 15 miles, 1 one defect detector is required at least every 15 miles. 2 Railroad companies that operate trains on the same railway 3 may share such costs and are jointly and severally liable in 4 any suit arising from the installation and maintenance of all 5 defect detectors, or lack thereof, on or along the railway 6 branch line. 7 A railroad company that operates a train on a railway branch 8 line that does not have a defect detector installed as required 9 under the bill is subject to a schedule five penalty under 10 Code section 327C.5 for every mile of the branch line, or every 11 mile that is more than 15 miles away from a defect detector, as 12 applicable. A railroad company is also subject to a schedule 13 five penalty for each time a train crosses or passes by 14 a defect detector that fails to notify the train crew of a 15 detected defect. A schedule five penalty is a fine of not 16 less than $500 nor more than $5,000 for a first violation, and 17 not less than $5,000 nor more than $10,000 for a subsequent 18 violation. 19 -2- LSB 1878XS (2) 91 th/ns 2/ 2