Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2342 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1022 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 2342
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael D. Brady
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 :Michael D. BradySecond Plymouth and NorfolkMichael O. MooreSecond Worcester3/6/2025 1 of 5
16	16	SENATE DOCKET, NO. 1022 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 2342
18	18	By Mr. Brady, a petition (accompanied by bill, Senate, No. 2342) of Michael D. Brady and
19	19	Michael O. Moore for legislation relative to railroad crew transportation. Transportation.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 2200 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to railroad crew transportation.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Chapter 160 of the General Laws is hereby amended by adding the follow 3 sections:-
31	31	2 Section 253. (a) For the purpose of this section, the following words shall have the
32	32	3following meanings unless the context clearly requires otherwise:
33	33	4 "Contract crew transportation vehicle", every motor vehicle, designed to transport not
34	34	5more than 15 passengers, including the driver, that is owned, leased, operated or maintained by a
35	35	6person contracting with a railroad company or its agents, contractors, subcontractors, vendors,
36	36	7sub-vendors, secondary vendors or subcarriers and used primarily to provide railroad crew
37	37	8transportation.
38	38	9 "Passenger-carrying vehicle", busses, vans, trucks and cars owned, operated and
39	39	10maintained by a railroad company and primarily used to transport railroad employees in other 2 of 5
40	40	11than the cab of such vehicle and designed primarily for operation on roads. The Rail and Transit
41	41	12Division of the Massachusetts Department of Transportation shall promulgate regulations for
42	42	13persons providing contract railroad crew transportation and every contract crew transportation
43	43	14vehicle, driver qualifications, equipment safety, safety of operations, hours of service by drivers,
44	44	15passenger safety, drug testing requirements and record retention. The regulations shall be
45	45	16consistent with the manner in which the Division regulates safety.
46	46	17 (b) The Rail and Transit Division of the Massachusetts Department of Transportation
47	47	18shall adopt rules necessary to carry out the operation of contract crew transportation vehicles.
48	48	19 (c) The Rail and Transit Division of the Massachusetts Department of Transportation
49	49	20shall require insurance coverage for each contract crew transportation vehicle that satisfies the
50	50	21following minimum amounts: (i) $5,000,000 combined single limit coverage for bodily injury
51	51	22and property damage liability coverage; (ii) uninsured and underinsured motorist coverage of
52	52	23$1,000,000.
53	53	24 If a third party contracts with the person operating the vehicle on behalf of the railroad
54	54	25company or its agents, contractors, subcontractors, vendors, sub-vendors, secondary vendors or
55	55	26subcarriers to transport railroad crew, the insurance requirements may be satisfied by either the
56	56	27third party or the person operating the vehicle, so long as the person operating the vehicle names
57	57	28the third party as an additional insured or named insured. The railroad company may also satisfy
58	58	29the insurance requirements. Proof of coverage shall be provided to the Division by the person
59	59	30contracting with the railroad company.
60	60	31 (d) The Rail and Transit Division of the Massachusetts Department of Transportation
61	61	32shall require the form and posting of adequate notices in a conspicuous location in all contract 3 of 5
62	62	33crew transportation vehicles to advise railroad employee passengers of their rights, the
63	63	34opportunity to submit safety complaints to the Rail and Transit Division of the Massachusetts
64	64	35Department of Transportation, the complaint process and contact information for the Rail and
65	65	36Transit Division of the Massachusetts Department of Transportation.
66	66	37 (e) The Rail and Transit Division of the Massachusetts Department of Transportation
67	67	38shall require persons providing contract railroad crew transportation to ensure that all drivers of
68	68	39contract crew transportation vehicles successfully complete not less than 4 hours of Division-
69	69	40approved safety training that includes, but is not limited to, vehicle and passenger safety
70	70	41awareness, rail yard safety, grade crossing safety, load securement and distracted and fatigued
71	71	42driving awareness.
72	72	43 (f) The Rail and Transit Division of the Massachusetts Department of Transportation
73	73	44shall investigate safety complaints related to contract railroad crew transportation under this
74	74	45chapter and take appropriate enforcement action as authorized.
75	75	46 (g) The Rail and Transit Division of the Massachusetts Department of Transportation
76	76	47may enforce this chapter with respect to persons providing contract railroad crew transportation
77	77	48under the Rail and Transit Division of the Massachusetts Department of Transportation,
78	78	49including assessing penalties as warranted.
79	79	50 (h) The Rail and Transit Division of the Massachusetts Department of Transportation
80	80	51may deny, suspend or revoke the ability of a person or company to provide contract railroad
81	81	52crew transportation upon complaint by any interested party or upon the Rail and Transit Division
82	82	53of the Massachusetts Department of Transportation's own motion after notice and opportunity for
83	83	54hearing when it finds that any person owning, leasing, operating or maintaining contract crew 4 of 5
84	84	55transportation vehicles has violated this chapter or the rules of the Division or that the company
85	85	56or its agent has been found by a court or governmental agency to have violated federal or state
86	86	57law.
87	87	58 Section 254. A person shall be disqualified from operating a contract crew transportation
88	88	59vehicle for 3 years if the person is: (i) convicted of, or is found to have committed, not less than
89	89	602 traffic violations that result in suspension or revocation of the person's driver's license within a
90	90	613-year period, for a reason other than the nonpayment of fines; or (ii) found guilty of, or is found
91	91	62to have committed, any drug or alcohol-related traffic offense, using a vehicle to commit a
92	92	63felony, leaving the scene of an accident, prohibited passing of another vehicle, a railroad-
93	93	64highway grade crossing offense or driving with a suspended, revoked or canceled license.
94	94	65 A driver that sustains a conviction or a traffic violation as outlined under this section
95	95	66while employed by a contract carrier shall report the conviction or infraction to the carrier within
96	96	6710 days of the date of conviction or the finding that the infraction was committed.
97	97	68 Section 255. (a) The Rail and Transit Division of the Massachusetts Department of
98	98	69Transportation shall compile data regarding any reported safety complaints, accidents, regulatory
99	99	70violations and fines and corrective actions taken by the Division involving vehicles regulated
100	100	71under this chapter. A railroad company and any person that owns, leases, operates or maintains
101	101	72contract crew transportation vehicles in the commonwealth shall, at the request of the Rail and
102	102	73Transit Division of the Massachusetts Department of Transportation, provide data relevant to any
103	103	74complaints and accidents, including location, time of day, visibility, a description of the event,
104	104	75whether any property damage or personal injuries resulted and any corrective action taken by the
105	105	76railroad company, person operating the contract crew transportation vehicle or the Division. 5 of 5
106	106	77 The Rail and Transit Division of the Massachusetts Department of Transportation shall
107	107	78make this data available upon request. Information included in safety complaints that identifies
108	108	79the employee who submitted the complaint shall not be considered a public record as defined in
109	109	80clause Twenty-sixth of section 7 of chapter 4 or chapter 66.
110	110	81 (b) The Rail and Transit Division of the Massachusetts Department of Transportation
111	111	82may, in enforcing rules and orders, inspect any passenger-carrying vehicle provided by a railroad
112	112	83company to transport employees in the course of their employment or contract crew
113	113	84transportation vehicle. Upon request, the Colonel of State Police may assist the Division in these
114	114	85inspections.