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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2206
(By Mr. Speaker, Mr. Chambers, and Delegates
Houvouras, Schoonover and Tribett)
[Passed April 8, 1993; in effect from passage.]
AN ACT to amend article three, chapter twenty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
one-b, relating to locomotive power units; requiring
railroad crew-controlled units to be operated by at least
two persons; exceptions; requiring an engineer to be part of
the crew; restricting selection of the crew; definitions;
and promulgation of rules.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section one-
b, to read as follows:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO
REGULATIONS OF COMMISSION.
§24-3-1b. Locomotive power units; helper units; one person crew
prohibited; engineer requirement; restrictions on
selection of crew; definitions;
promulgation of rules.
(a) Except for operation in its yards or terminals, and
except where a train is being moved as an actual movement into or
from another state not having a requirement of at least two
persons controlling a locomotive as is required in this state
pursuant to this section, no railroad may permit or require any
crew-controlled locomotive power unit, including helper units,
that is not attached to a train to be operated by a crew of fewer
than two persons. At least one crew member shall be a federal
railroad administration certified and licensed locomotive
engineer within the meaning of applicable federal statutes and
regulations. The second crew member shall be selected from
either train service or engine service personnel:
Provided,
That
the selection does not violate federal statutes or regulations or
local collective bargaining agreements.
(b) As used in this section:
(1) "Crew-controlled locomotive" means a locomotive power
unit, single or in multiple, which is operated by on-board
personnel, but does not include units controlled by radio or
other remote control by a crew on another locomotive power unit.
(2) "Helper unit" means a locomotive power unit placed at
some point in a train for the purpose of supplementing the power
available from the locomotive power unit controlling a train.
(c) It is unlawful to institute any disciplinary action or
other adverse administrative action against any person who
reports a violation of or acts to enforce the provisions of thissection or this article. The person's remedies under this
section are in addition to any other remedies that may be
otherwise available.
(d) The public service commission shall, on or before the
first day of July, one thousand nine hundred ninety-three,
promulgate rules to implement the provisions of this section.