Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3721 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1523 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3721
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kathleen R. LaNatra
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to railroad crew transportation.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kathleen R. LaNatra12th Plymouth1/15/2025Michael D. BradySecond Plymouth and Norfolk2/6/2025 1 of 5
16	16	HOUSE DOCKET, NO. 1523 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3721
18	18	By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 3721) of
19	19	Kathleen R. LaNatra and Michael D. Brady relative to railroad crew transportation.
20	20	Transportation.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to railroad crew transportation.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 160 of the General Laws is hereby amended by adding the follow 3 sections:-
30	30	2 Section 253. (a) For the purpose of this section, the following words shall have the
31	31	3following meanings unless the context clearly requires otherwise:
32	32	4 "Contract crew transportation vehicle", every motor vehicle, designed to transport not
33	33	5more than 15 passengers, including the driver, that is owned, leased, operated or maintained by a
34	34	6person contracting with a railroad company or its agents, contractors, subcontractors, vendors,
35	35	7sub-vendors, secondary vendors or subcarriers and used primarily to provide railroad crew
36	36	8transportation.
37	37	9 "Passenger-carrying vehicle", busses, vans, trucks and cars owned, operated and
38	38	10maintained by a railroad company and primarily used to transport railroad employees in other
39	39	11than the cab of such vehicle and designed primarily for operation on roads. The Rail and Transit
40	40	12Division of the Massachusetts Department of Transportation shall promulgate regulations for 2 of 5
41	41	13persons providing contract railroad crew transportation and every contract crew transportation
42	42	14vehicle, driver qualifications, equipment safety, safety of operations, hours of service by drivers,
43	43	15passenger safety, drug testing requirements and record retention. The regulations shall be
44	44	16consistent with the manner in which the Division regulates safety.
45	45	17 (b) The Rail and Transit Division of the Massachusetts Department of Transportation
46	46	18shall adopt rules necessary to carry out the operation of contract crew transportation vehicles.
47	47	19 (c) The Rail and Transit Division of the Massachusetts Department of Transportation
48	48	20shall require insurance coverage for each contract crew transportation vehicle that satisfies the
49	49	21following minimum amounts: (i) $5,000,000 combined single limit coverage for bodily injury
50	50	22and property damage liability coverage; (ii) uninsured and underinsured motorist coverage of
51	51	23$1,000,000.
52	52	24 If a third party contracts with the person operating the vehicle on behalf of the railroad
53	53	25company or its agents, contractors, subcontractors, vendors, sub-vendors, secondary vendors or
54	54	26subcarriers to transport railroad crew, the insurance requirements may be satisfied by either the
55	55	27third party or the person operating the vehicle, so long as the person operating the vehicle names
56	56	28the third party as an additional insured or named insured. The railroad company may also satisfy
57	57	29the insurance requirements. Proof of coverage shall be provided to the Division by the person
58	58	30contracting with the railroad company.
59	59	31 (d) The Rail and Transit Division of the Massachusetts Department of Transportation
60	60	32shall require the form and posting of adequate notices in a conspicuous location in all contract
61	61	33crew transportation vehicles to advise railroad employee passengers of their rights, the
62	62	34opportunity to submit safety complaints to the Rail and Transit Division of the Massachusetts 3 of 5
63	63	35Department of Transportation, the complaint process and contact information for the Rail and
64	64	36Transit Division of the Massachusetts Department of Transportation.
65	65	37 (e) The Rail and Transit Division of the Massachusetts Department of Transportation
66	66	38shall require persons providing contract railroad crew transportation to ensure that all drivers of
67	67	39contract crew transportation vehicles successfully complete not less than 4 hours of Division-
68	68	40approved safety training that includes, but is not limited to, vehicle and passenger safety
69	69	41awareness, rail yard safety, grade crossing safety, load securement and distracted and fatigued
70	70	42driving awareness.
71	71	43 (f) The Rail and Transit Division of the Massachusetts Department of Transportation
72	72	44shall investigate safety complaints related to contract railroad crew transportation under this
73	73	45chapter and take appropriate enforcement action as authorized.
74	74	46 (g) The Rail and Transit Division of the Massachusetts Department of Transportation
75	75	47may enforce this chapter with respect to persons providing contract railroad crew transportation
76	76	48under the Rail and Transit Division of the Massachusetts Department of Transportation,
77	77	49including assessing penalties as warranted.
78	78	50 (h) The Rail and Transit Division of the Massachusetts Department of Transportation
79	79	51may deny, suspend or revoke the ability of a person or company to provide contract railroad
80	80	52crew transportation upon complaint by any interested party or upon the Rail and Transit Division
81	81	53of the Massachusetts Department of Transportation's own motion after notice and opportunity for
82	82	54hearing when it finds that any person owning, leasing, operating or maintaining contract crew
83	83	55transportation vehicles has violated this chapter or the rules of the Division or that the company 4 of 5
84	84	56or its agent has been found by a court or governmental agency to have violated federal or state
85	85	57law.
86	86	58 Section 254. A person shall be disqualified from operating a contract crew transportation
87	87	59vehicle for 3 years if the person is: (i) convicted of, or is found to have committed, not less than
88	88	602 traffic violations that result in suspension or revocation of the person's driver's license within a
89	89	613-year period, for a reason other than the nonpayment of fines; or (ii) found guilty of, or is found
90	90	62to have committed, any drug or alcohol-related traffic offense, using a vehicle to commit a
91	91	63felony, leaving the scene of an accident, prohibited passing of another vehicle, a railroad-
92	92	64highway grade crossing offense or driving with a suspended, revoked or canceled license.
93	93	65 A driver that sustains a conviction or a traffic violation as outlined under this section
94	94	66while employed by a contract carrier shall report the conviction or infraction to the carrier within
95	95	6710 days of the date of conviction or the finding that the infraction was committed.
96	96	68 Section 255. (a) The Rail and Transit Division of the Massachusetts Department of
97	97	69Transportation shall compile data regarding any reported safety complaints, accidents, regulatory
98	98	70violations and fines and corrective actions taken by the Division involving vehicles regulated
99	99	71under this chapter. A railroad company and any person that owns, leases, operates or maintains
100	100	72contract crew transportation vehicles in the commonwealth shall, at the request of the Rail and
101	101	73Transit Division of the Massachusetts Department of Transportation, provide data relevant to any
102	102	74complaints and accidents, including location, time of day, visibility, a description of the event,
103	103	75whether any property damage or personal injuries resulted and any corrective action taken by the
104	104	76railroad company, person operating the contract crew transportation vehicle or the Division. 5 of 5
105	105	77 The Rail and Transit Division of the Massachusetts Department of Transportation shall
106	106	78make this data available upon request. Information included in safety complaints that identifies
107	107	79the employee who submitted the complaint shall not be considered a public record as defined in
108	108	80clause Twenty-sixth of section 7 of chapter 4 or chapter 66.
109	109	81 (b) The Rail and Transit Division of the Massachusetts Department of Transportation
110	110	82may, in enforcing rules and orders, inspect any passenger-carrying vehicle provided by a railroad
111	111	83company to transport employees in the course of their employment or contract crew
112	112	84transportation vehicle. Upon request, the Colonel of State Police may assist the Division in these
113	113	85inspections.