Florida Senate - 2020 SB 1468 By Senator Taddeo 40-01092A-20 20201468__ 1 A bill to be entitled 2 An act relating to trains; creating s. 341.3023, F.S.; 3 requiring, as a condition of operation in this state, 4 that trains used in connection with the movement of 5 freight and passengers have a crew that consists of at 6 least two individuals; providing exceptions; defining 7 terms; authorizing the Secretary of Transportation to 8 exempt certain railroad carriers from specified 9 provisions of law under certain conditions; providing 10 requirements for such exemptions; authorizing the 11 Department of Transportation to assess civil penalties 12 against a person or an entity for a specified 13 violation, subject to certain requirements; requiring 14 the department to exercise certain authority to the 15 extent that such authority is not preempted by federal 16 law or regulation; creating s. 341.3024, F.S.; 17 requiring, as a condition of operation in this state, 18 that trains used in connection with the movement of 19 certain materials and substances have a crew that 20 consists of at least two individuals; authorizing the 21 Secretary of Transportation to exempt certain railroad 22 carriers from specified provisions of law under 23 certain conditions; providing requirements for such 24 exemptions; authorizing the department to assess civil 25 penalties against a person or entity for a specified 26 violation, subject to certain requirements; requiring 27 the department to exercise certain authority to the 28 extent that such authority is not preempted by federal 29 law or regulation; providing an effective date. 30 31 WHEREAS, the safety of train passengers, crewmembers, 32 commuters, and residents of the communities in this state which 33 are traversed by trains, and the safe transport of the freight 34 carried on those trains, are of paramount importance to this 35 state, and 36 WHEREAS, the right to regulate statewide safety concerns 37 that the United States Secretary of Transportation has not 38 addressed through the promulgation of a specific rule, 39 regulation, or standard covering and subsuming the subject 40 matter falls exclusively to the state, and 41 WHEREAS, railroad operational challenges make it necessary, 42 expedient, and a matter of public safety that at least two 43 qualified persons operate the trains that traverse this state, 44 and 45 WHEREAS, positive train control is, or once fully 46 operational will become, a necessary safety overlay to the safe 47 operations of passenger and freight train service in this state, 48 but is not a replacement for minimal safe staffing requirements 49 for trains, and 50 WHEREAS, the National Transportation Safety Board’s 51 recommendations regarding situational awareness, safety policies 52 adopted by carriers, and regulatory requirements make a minimum 53 train staffing level of at least two qualified persons in the 54 cab of a leading locomotive indispensable and practically 55 necessary, and 56 WHEREAS, the lives of hundreds of passengers in commuter 57 and passenger trains in this state depend on the training, 58 knowledge, skills, and expertise of at least two qualified 59 crewmembers to safely get them to their destination and to 60 navigate the immediate aftermath of a train-related emergency in 61 order to minimize injury and loss of life, and 62 WHEREAS, hazardous materials travel safely by train through 63 our communities with the comfort of, and dependence on, a safety 64 culture with safety overlays and required redundancy which is 65 vital to avoiding accidents and of the utmost necessity when an 66 accident does occur, particularly in populated areas of this 67 state, and a minimum of two qualified persons is a required 68 component of such a safe operational system, and 69 WHEREAS, first responders rely on and work directly with 70 ground crewmembers during emergency situations and depend on 71 them for their own safety while on and around the tracks, and it 72 is necessary that at least one crewmember remain at the controls 73 of the locomotive to ensure safety and vital communications, and 74 WHEREAS, a state regulation requiring that trains used in 75 connection with the movement of freight and passengers have a 76 crew that consists of at least two individuals is not 77 incompatible with any law, regulation, or order of the United 78 States Government, and 79 WHEREAS, most existing state rail operations have a minimum 80 staffing level of two qualified persons, and this act makes 81 reasonable exceptions and accommodations that will not 82 negatively affect the intent to protect and enhance rail safety 83 statewide, while not unreasonably burdening interstate commerce, 84 NOW, THEREFORE, 85 86 Be It Enacted by the Legislature of the State of Florida: 87 88 Section 1. Section 341.3023, Florida Statutes, is created 89 to read: 90 341.3023 Crew requirements for trains.— 91 (1) Except as otherwise provided in this section, as a 92 condition of operation in this state, a train used in connection 93 with the movement of freight or passengers must have a crew that 94 consists of at least two individuals. 95 (2) A train engaged in the transport of passengers in this 96 state may operate with one qualified individual in the train and 97 one qualified individual in a connected rail car, provided that, 98 in corridors that are not positive train control-protected or 99 where positive train control systems are inoperable or known to 100 be failing, at least two qualified individuals must operate in 101 the train. 102 (3) A train may operate with fewer than two individuals if 103 it is any one of the following: 104 (a) A train engaged in switching movements, whether at a 105 rail yard, a line of road, or a customer facility. Such a train 106 may operate with one qualified individual in the train and at 107 least one qualified individual remotely operating the train. 108 (b) A train performing helper service. For purposes of this 109 paragraph, the term “helper service” means the use of a train or 110 group of trains to assist another train that has experienced 111 mechanical failure or that lacks the power to traverse difficult 112 terrain, and includes traveling to or from a location where 113 assistance is provided. 114 (c) A train used for purposes of tourist, scenic, historic, 115 or excursion operations and not operating as part of the rail 116 system. However, if the train operates for 1.5 hours or more 117 during the hours between 11 p.m. and 5:30 a.m., it must be 118 operated by two qualified individuals during those hours. 119 (d) A train that is not attached to any piece of equipment 120 or is attached only to a caboose and that is not traveling more 121 than 30 miles outside of a rail yard. 122 (e) A train performing hostler service. For purposes of 123 this paragraph, the term “hostler service” means the movement of 124 a train not attached to rail cars inside a rail yard. 125 (f) A freight train used for the purposes of mine loadout 126 or plant dumping, or a similar operation in which a freight 127 train is being loaded or unloaded in an assembly-line manner in 128 an industry while the train moves at a speed of 10 miles per 129 hour or less. 130 (4)(a) The Secretary of Transportation may exempt a 131 railroad carrier with 15 or fewer employees from the limitations 132 imposed by this section if a train is being operated under all 133 of the following conditions: 134 1. The authorized maximum speed of the train is 15 miles 135 per hour or less. 136 2. The average grade of any segment of the track on which 137 the train travels is less than 1 percent over 3 continuous miles 138 or 2 percent over 2 continuous miles. 139 (b) The secretary may exempt a carrier from this section 140 after a full hearing for good cause shown and upon determining 141 that the exemption is in the public interest and will not 142 adversely affect safety. The exemption must be for a specific 143 period of time and subject to review at least annually. 144 (5) The department may assess a civil penalty against a 145 person or an entity that violates this section. If the 146 department assesses a civil penalty, it must do so as follows: 147 (a) If, within the 3 years before the violation occurred, 148 the department has not assessed a civil penalty under this 149 section against such person or entity, it may assess a penalty 150 in an amount not less than $250, but not more than $1,000. 151 (b) If, within the 3 years before the violation occurred, 152 the department has assessed one civil penalty under this section 153 against such person or entity, it may assess a penalty in an 154 amount not less than $1,000, but not more than $5,000. 155 (c) If, within the 3 years before the violation occurred, 156 the department has assessed two or more civil penalties under 157 this section against such person or entity, it may assess a 158 penalty in an amount not less than $5,000, but not more than 159 $10,000. 160 (6) The department shall exercise the authority granted 161 under this section to the extent that such authority is not 162 preempted by federal law or regulation. 163 Section 2. Section 341.3024, Florida Statutes, is created 164 to read: 165 341.3024 Crew requirements for trains used in connection 166 with the transport of certain materials and substances; 167 penalties.— 168 (1) As a condition of operation in this state, a crew that 169 consists of at least two individuals is required to operate a 170 train used in connection with the movement of any of the 171 following: 172 (a) One or more loaded freight rail cars containing 173 materials poisonous by inhalation as defined in 49 C.F.R. s. 174 171.8, including, but not limited to, anhydrous ammonia (UN 175 1005) and ammonia solutions (UN 3318). 176 (b) Ten or more loaded freight rail cars or freight rail 177 cars loaded with bulk packaging as defined in 49 C.F.R. s. 171.8 178 or with intermodal portable tanks containing any combination of 179 materials poisonous by inhalation or any Division 2.1 flammable 180 gases, Class 3 flammable liquids, or Division 1.1 or 1.2 181 explosives listed in 49 C.F.R. part 173, or hazardous substances 182 listed in 49 C.F.R. s. 173.31(f)(2). 183 (2)(a) The Secretary of Transportation may exempt a 184 railroad carrier having 15 or fewer employees from the 185 limitations imposed by this section if a train is being operated 186 under all of the following conditions: 187 1. The maximum authorized speed of the train is 15 miles 188 per hour or less. 189 2. The average grade of any segment of the track on which 190 the train travels is less than 1 percent over 3 continuous miles 191 or 2 percent over 2 continuous miles. 192 (b) The secretary may exempt a carrier from this section 193 after a full hearing for good cause shown and upon determining 194 that the exemption is in the public interest and will not 195 adversely affect safety. The exemption must be for a specific 196 period of time and subject to review at least annually. 197 (3) The department may assess a civil penalty against a 198 person or entity that violates this section. If the department 199 assesses a civil penalty, it must assess a penalty in an amount 200 not less than $2,500, but not more than $10,000. However, if the 201 Secretary of Transportation makes a finding of a willful 202 violation of this section, the department may assess a penalty 203 in an amount not more than $100,000. 204 (4) The department shall exercise the authority granted 205 under this section to the extent that such authority is not 206 preempted by federal law or regulation. 207 Section 3. This act shall take effect July 1, 2020.