HF 3499

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/11/2024 03:43pm

A bill for an act
relating to railroads; providing for railroad safety, including modifying minimum
insurance requirements and establishing a maximum train length; providing for
penalties; amending Minnesota Statutes 2022, section 221.0255, subdivision 4,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 219.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [219.5505] TRAIN LENGTH.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "railroad" means a common
carrier that is classified by federal law or regulation as a Class I railroad, Class I rail carrier,
Class II railroad, Class II rail carrier, Class III railroad, or Class III rail carrier.
new text end

new text begin Subd. 2. new text end

new text begin Maximum length. new text end

new text begin A railroad must not operate a train in this state that has a
total length in excess of 8,500 feet.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) A railroad that violates this section is subject to a penalty of:
new text end

new text begin (1) not less than $1,000 or more than $5,000 for a first offense;
new text end

new text begin (2) not less than $5,000 or more than $10,000 for a second offense committed within
three years of the first offense; and
new text end

new text begin (3) not less than $25,000 for a third or subsequent offense committed within three years
of the first offense.
new text end

new text begin (b) The commissioner of transportation may enforce this section in a civil action before
a judge of a county in which the violation occurs.
new text end

new text begin (c) Fines collected under this section must be deposited in the state rail safety inspection
account in the special revenue fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to violations
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 221.0255, subdivision 4, is amended to read:

Subd. 4.

Motor carrier of railroad employees; requirements.

(a) The motor carrier
of railroad employees must implement a policy that provides for annual training and
certification of the operator in:

(1) safe operation of the vehicle transporting railroad employees;

(2) knowing and understanding relevant laws, rules of the road, and safety policies;

(3) handling emergency situations;

(4) proper use of seat belts;

(5) performance of pretrip and posttrip vehicle inspections, and inspection record keeping;
and

(6) proper maintenance of required records.

(b) The motor carrier of railroad employees must:

(1) confirm that the person is not disqualified under subdivision 6, by performing a
criminal background check of the operator, which must include:

(i) a criminal history check of the state criminal records repository; and

(ii) if the operator has resided in Minnesota less than five years, a criminal history check
from each state of residence for the previous five years;

(2) annually verify the operator's driver's license;

(3) document meeting the requirements in this subdivision, which must include
maintaining at the carrier's business location:

(i) a driver qualification file on each operator who transports passengers under this
section; and

(ii) records of pretrip and posttrip vehicle inspections as required under subdivision 3,
paragraph (a), clause (3);

(4) maintain liability insurance in a minimum amount of $5,000,000 regardless of the
seating capacity of the vehicle;

(5) maintain uninsured and underinsured coverage in a minimum amount of deleted text begin $1,000,000 deleted text end new text begin
$5,000,000 new text end ; and

(6) ensure inspection of each vehicle operated under this section as provided under
section 169.781.

(c) A driver qualification file under paragraph (b), clause (3), must include:

(1) a copy of the operator's most recent medical examiner's certificate;

(2) a copy of the operator's current driver's license;

(3) documentation of annual license verification;

(4) documentation of annual training;

(5) documentation of any known violations of motor vehicle or traffic laws; and

(6) responses from previous employers, if required by the current employer.

(d) The driver qualification file must be retained for one year following the date of
separation of employment of the driver from the carrier. A record of inspection under
paragraph (b), clause (3), item (ii), must be retained for one year following the date of
inspection.

(e) If a party contracts with the motor carrier on behalf of the railroad to transport the
railroad employees, then the insurance requirements may be satisfied by either that party
or the motor carrier, so long as the motor carrier is a named insured or additional insured
under any policy.

Sec. 3.

Minnesota Statutes 2022, section 221.0255, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Penalty; civil action. new text end

new text begin (a) A railroad or motor carrier of railroad employees
that violates this section is subject to a penalty of:
new text end

new text begin (1) not less than $200 but not more than $500 for a first offense;
new text end

new text begin (2) not less than $500 but not more than $1,000 for a second offense; and
new text end

new text begin (3) not less than $1,000 but not more than $5,000 for a third or subsequent offense
committed within three years of the first offense.
new text end

new text begin (b) The commissioner may enforce this section in a civil action before a judge of a county
in which the violation occurs.
new text end

new text begin (c) Fines collected under this section must be deposited in the state rail safety inspection
account in the special revenue fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to violations
committed on or after that date.
new text end