1999 Minnesota Statutes

     219.559 Occupied caboose in rear; exception. 

    Subdivision 1.    Caboose required.  Except as provided 
 in subdivision 2, a railroad company may not operate a freight 
 train 2,000 feet long or longer, if the train is handling 
 placarded cars or is operated without block signals, unless the 
 rear car is a caboose that is occupied by at least one member of 
 the train crew.  

    Subd. 2.    Exceptions.  (a) A defective freight car 
 that cannot be entrained except behind the caboose may be the 
 rear car from the point at which it is entrained, unless that 
 point is a terminal where repairs can be made, to the first 
 repair terminal.  

    (b) This section does not apply to: 

    (1) a train used in terminal service two miles or less from 
 the limits of the terminal; 

    (2) a train operated on a short line railroad classified by 
 the Interstate Commerce Commission as a class III line haul 
 railroad; 

    (3) a railroad company that operates a railway in this 
 state and in two adjoining states, if the total trackage of the 
 railroad company, including trackage rights, is more than 950 
 miles and less than 1,000 miles; 

    (4) a unit grain train while it is transporting only grain 
 as defined in section 17.41; or 

    (5) a unit taconite train while it is transporting only 
 taconite ore, tailings, or other mined mineral ore.  

    Subd. 3.    Shortwave radio.  No railroad company may 
 operate a caboose unless it is equipped with an operable 
 shortwave radio with the same frequency as the shortwave radio 
 on the lead locomotive of the train.  

    Subd. 4.    Penalty.  A railroad company violating this 
 section is subject to a civil penalty of $350 for each offense.  
 The operation of a train in violation of this section 
 constitutes a separate violation for each day or part of a day 
 it is so operated.  The penalty must be recovered in a civil 
 action by a railway employee, a railway labor organization as 
 defined under the Railway Labor Act, or another interested 
 person in a court having jurisdiction in a county in or through 
 which the railroad line runs.  The civil penalty is payable to 
 the state.  The court may issue an order requiring compliance 
 with this section.  The court shall award the prevailing party 
 in the civil action attorney fees and costs. 

    HIST: 1988 c 697 s 2