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