Title: Trains

Summary: Requiring, as a condition of operation in this state, that trains used in connection with the movement of freight and passengers have a crew that consists of at least two individuals; providing exceptions; authorizing the Secretary of Transportation to exempt certain railroad carriers from specified provisions of law under certain conditions; authorizing the Department of Transportation to assess civil penalties against a person or an entity for a specified violation, subject to certain requirements, etc.

Full Text:
WHEREAS, the safety of train passengers, crewmembers, commuters, and residents of the communities in this state which are traversed by trains, and the safe transport of the freight carried on those trains, are of paramount importance to this state, and WHEREAS, the right to regulate statewide safety concerns that the United States Secretary of Transportation has not addressed through the promulgation of a specific rule, regulation, or standard covering and subsuming the subject matter falls exclusively to the state, and WHEREAS, railroad operational challenges make it necessary, expedient, and a matter of public safety that at least two qualified persons operate the trains that traverse this state, and WHEREAS, positive train control is, or once fully operational will become, a necessary safety overlay to the safe operations of passenger and freight train service in this state, but is not a replacement for minimal safe staffing requirements for trains, and WHEREAS, the National Transportation Safety Board s recommendations regarding situational awareness, safety policies adopted by carriers, and regulatory requirements make a minimum train staffing level of at least two qualified persons in the cab of a leading locomotive indispensable and practically necessary, and WHEREAS, the lives of hundreds of passengers in commuter and passenger trains in this state depend on the training, knowledge, skills, and expertise of at least two qualified crewmembers to safely get them to their destination and to navigate the immediate aftermath of a train-related emergency in order to minimize injury and loss of life, and WHEREAS, hazardous materials travel safely by train through our communities with the comfort of, and dependence on, a safety culture with safety overlays and required redundancy which is vital to avoiding accidents and of the utmost necessity when an accident does occur, particularly in populated areas of this state, and a minimum of two qualified persons is a required component of such a safe operational system, and WHEREAS, first responders rely on and work directly with ground crewmembers during emergency situations and depend on them for their own safety while on and around the tracks, and it is necessary that at least one crewmember remain at the controls of the locomotive to ensure safety and vital communications, and WHEREAS, a state regulation requiring that trains used in connection with the movement of freight and passengers have a crew that consists of at least two individuals is not incompatible with any law, regulation, or order of the United States Government, and WHEREAS, most existing state rail operations have a minimum staffing level of two qualified persons, and this act makes reasonable exceptions and accommodations that will not negatively affect the intent to protect and enhance rail safety statewide, while not unreasonably burdening interstate commerce, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. Section 341.3023, Florida Statutes, is created to read: 341.3023 Crew requirements for trains.  (1)  Except as otherwise provided in this section, as a condition of operation in this state, a train used in connection with the movement of freight or passengers must have a crew that consists of at least two individuals. (2) A train engaged in the transport of passengers in this state may operate with one qualified individual in the train and one qualified individual in a connected rail car,provided that,in corridors that are not positive train control-protected or where positive train control systems are inoperable or known to be failing, at least two qualified individuals must operate in the train.(3)   A train may operate with fewer than two individuals if it is any one of the following: (a )  A train engaged in switching movements, whether at a rail yard, a line of road,or a customer facility.Such a train may operate with one qualified individual in the train and at least one qualified individual remotely operating the train. (b)   A train performing helper service. For purposes of this paragraph, the term  h elper service   means the use of a train or group of trains to assist another train that has experienced mechanical failure or that lacks the power to traverse difficult terrain,and includes traveling to or from a location where assistance is provided. (c)   A train used for purposes of tourist, scenic, historic, or excursion operation sand not operating as part of the rail system. However, if the train operates for 1.5 hours or more during the hours between p. m. and 5:30 a.m.,it must be operated by two qualified individuals during those hours.(d)   A train that is not attached to any piece of equipment or is attached only to a caboose and that is not traveling more than 0 miles outside of a rail yard. (e)   A train performing hostler service. For purposes of this paragraph, the term  hostler service  means the movement of a train not attached to rail cars inside a rail yard. (f) A freight train used for the purposes of mine load out or plant dumping, or a similar operation in which a freight train is being loaded or unloaded in an assembly-line manner in an industry while the train moves at a speed of miles per hour or less. (4)(a)  The Secretary of Transportation may exempt a railroad carrier with or fewer employees from the limitations imposed by this section if a train is being operated under all of the following conditions: 1.   The authorized maximum speed of the train is miles per hour or less. 2.   The average grade of any segment of the track on which the train travels is less than percent over continuous miles or percent over continuous miles. (b)   The secretary may exempt a carrier from this section after a full hearing for good cause shown and up on determining that the exemption is in the public interest and will not adversely affect safety. The exemption must be for a specific period of time and subject to review at least annually. ( ) The department may assess a civil penalty against a person or an entity that violates this section. If the department assesses a civil penalty, it must do so as follows: (a) If, within the years before the violation occurred,the department has not assessed a civil penalty under this section against such person or entity, it may assess a penalty in an amount not less than $250, but not more than $1,000. (b) If, within the years before the violation occurred, the department has assess ed one civil penalty under this section against such person or entity,it may assess a penalty in an amount not less than $1,000, but not more than $5,000. (c) If, within the years before the violation occurred,the department has assessed two or more civil penalties under this section against such person or entity,it may assess a penalty in an amount not less than $5,000, but not more than $10,000. ( ) The department shall exercise the authority granted under this section to the extent that such authority is not preempted by federal law or regulation. Section 2. Section 341.3024, Florida Statutes, is created to read: 341.302   Crew requirements for trains used in connection with the transport of certain materials and substances; penalties.  (1) As a condition of operation in this state, a crew that consists of at least two individuals is required to operate a train used in connection with the movement of any of the following: (a)  One or more loaded freight rail cars containing materials poisonous by inhalation as defined in C. F. R. s. 171.8, including,but not limited to, anhydrous ammonia (UN 1005) and ammonia solutions (UN 3318).(b)  Ten or more loaded freight rail cars or freight rail cars loaded with bulk packag ing as defined in C. F. R. s. 171.8 or with intermodal portable tanks containing any combination of materials poisonous by inhalation or any Division 2.1 flammable gases, Class flammable liquids, or Division 1.1 or 1.2 explosives listed in C.F.R. part,or hazardous substances listed in C. F. R. s. 173.31(f)(2).(2)(a)  The Secretary of Transportation may exempt a railroad carrier having or fewer employees from the limitations imposed by this section if a train is being operated under all of the following conditions: 1.   The maximum authorized speed of the train is miles per hour or less. 2.   The average grade of any segment of the track on which the train travels is less than percent over continuous miles or percent over continuous miles. (b)   The secretary may exempt a carrier from this section after a full hearing for good cause shown and up on determining that the exemption is in the public interest and will not adversely affect safety. The exemption must be for a specific period of time and subject to review at least annually. (3)   The department may assess a civil penalty against a person or entity that violates this section. If the department assesses a civil penalty, it must assess a penalty in an amount not less than $2,500, but not more than $10,000. However, if the Secretary of Transportation makes a finding of a willful violation of this section, the department may assess a penalty in an amount not more than $100,000. ( ) The department shall exercise the authority granted under this section to the extent that such authority is not preempted by federal law or regulation. Section 3. This act shall take effect July 1, 2020.