Senate Bill No. 182

Introduced By hertel, masolo, rose, rehbein, grady, debruycker, crismore, devlin, benedict, barnett, simon, sliter

A Bill for an Act entitled: An Act generally revising and clarifying laws relating to railroads; deleting and eliminating archaic requirements for railroads; amending sections 69-14-111, 69-14-112, 69-14-114, 69-14-115, 69-14-116, 69-14-120, 69-14-133, 69-14-232, 69-14-401, 69-14-604, 69-14-708, 69-14-713, 69-14-801, 69-14-921, 69-14-922, and 69-14-1004, MCA; and repealing sections 69-14-119, 69-14-301, 69-14-302, 69-14-303, 69-14-304, 69-14-305, 69-14-306, 69-14-307, 69-14-308, 69-14-309, 69-14-310, 69-14-311, 69-14-312, and 69-14-712, MCA.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 69-14-111, MCA, is amended to read:

"69-14-111.   General supervision of railroads. The commission shall have the general supervision of all railroads, express companies, car companies, sleeping-car companies, and freight and freight-line companies and any common carrier engaged in the transportation of passengers or property in this state, in all matters appertaining to the duty of said commission and within its power and authority under subject to the provisions of this chapter."

Section 2.  Section 69-14-112, MCA, is amended to read:

"69-14-112.   Investigatory authority. (1) The commission shall investigate any alleged neglect or violation of the laws of the state by any railroad or other company above specified doing business therein or by the officers, agents, or employees thereof in this state. The commission shall examine and inspect or cause to be examined and inspected all books, records, files, and papers of the persons and companies specified above, insofar as the same may be pertinent referred to in 69-14-111 that pertain to any matter under investigation before the commission, and shall hear and take testimony in the progress of any inquiry or investigation authorized by this chapter.

(2)  The commission, or some members thereof to be deputed by it, shall, upon request, investigate and make inquiry into every accident, as defined in 49 CFR 225.5, occurring in the operation of any railroad in this state resulting in death, injury to any person of such gravity as to require the attention of a physician or surgeon, or the destruction of property greater in value than $2,000. The testimony taken on any such hearing shall must be transcribed and filed in the office of the commission."

Section 3.  Section 69-14-114, MCA, is amended to read:

"69-14-114.   Investigation of existing rates, classifications, and rules. The commission may, on its own motion or on the complaint by a shipper or other interested person, investigate any rate, classification, or rule approved and in effect for transportation of freight by any railroad within the state. The commission must shall, within 60 days after the commencement of an investigation on the commission's initiative or after the filing with such the commission of a complaint by a shipper or other interested person, proceed to investigate and determine the justness and reasonableness of any classification, rate, charge, toll, regulation, rule or order made by said the commission."

Section 4.  Section 69-14-115, MCA, is amended to read:

"69-14-115.   Investigation, enforcement, and report concerning railroad safety laws. (1) The commission shall:

(a)  make inquiry into the observance by all railroads within this state of the laws of the United States and of Montana intended to safeguard the lives of the railroad employees of persons or corporations engaged in operating the same;

(b)  lay file a complaint before the proper state or federal officer, of any for an infraction of any of such the safety laws referred to in subsection (1)(a); and

(c)  prosecute before the proper court or tribunal any person guilty of violation of the penal provisions thereof safety laws referred to in subsection (1)(a).

(2)  The commission shall in prepare an annual report set out what specifying the effort it has made to carry out the provisions of this section, with the result thereof the results of the efforts, and in detail what steps it has taken to prosecute any violations of any such acts the safety laws of which it has secured information. A copy of this annual report shall be mailed to the secretary of the department of transportation."

Section 5.  Section 69-14-116, MCA, is amended to read:

"69-14-116.   General protection of health and safety on railroads -- rear-end telemetry systems -- exemption for a caboose-equipped train. (1) The commission has full authority:

(a)  after notice and hearing, to make adopt and enforce rules providing for the installation on and equipment of trains, cars, or engines with safety appliances and providing for sanitation and adequate shelter as it affects the health of all railroad employees; and

(b)  to inspect the safety appliances, sanitation facilities, and shelters and enforce regulations with regard to the provisions of conduct inspections to implement subsection (1)(a).

(2)  (a) Except as provided in subsection (4), the commission shall, to the extent permitted by federal law, require a railroad operating trains in Montana to install a rear-end train telemetry system on all trains operating within mountain grade territory as geographically defined and designated by mile posts in the railroad's official timetable and operating rules on file with the commission.

(b)  As used in this section, "telemetry system" means a radio transmitter and receiver system with one device placed on the last car of a train and a second device placed in the cab of the controlling locomotive. The second device must be visible to the locomotive engineer and capable of indicating through electronic communication with the device located on the last car of the train the following:

(i)  brake pipe pressure at the rear of the train, in increments of 1 pound per square inch;

(ii) rear car movement;

(iii) operation or nonoperation of the rear marker light;

(iv) remaining battery life powering the telemetry system;

(v)  interruption of the communication link between the device located on the last car of the train and the device located in the cab of the controlling locomotive; and

(vi) total distance travelled in feet by the locomotive to which the device is attached.

(c)  A train operating in the area defined under this subsection (2) may not depart a crew change point or its local point of origin unless the train is equipped with the telemetry system required under the rules established pursuant to this section.

(d)  Telemetry systems installed on a train in conformity with rules made under this section must be equipped so that an emergency application of brakes of the train can be initiated by activation of the device placed on the last car at the rear end of the train.

(e)  Disciplinary action or other adverse administrative or employment action may not be instituted against a person who reports a violation of this subsection (2) or who acts to enforce the provisions of this subsection (2).

(3)  The inspection, inspections and rules, and regulations required under subsections (1) and (2) must be compatible with any federal provisions and may not create an undue burden on interstate commerce.

(4)  The commission may not require the installation and use of a telemetry system as described in this section on a train equipped with a caboose that:

(a)  meets the requirements of Montana law;

(b)  is placed as the last car of the train; and

(c)  is occupied by a member of the train crew."

Section 6.  Section 69-14-120, MCA, is amended to read:

"69-14-120.   Violations of provisions relating to rails coming together. Any A railroad or railway company and its officers or agents who shall refuse or fail to comply with the provisions of 69-14-118 or 69-14-119 or any order or rule relative thereto made by the commission shall be under 69-14-118 is subject to a fine of not less than $25 or more than $50. Each day of such refusal or failure shall be deemed is considered a separate offense and shall be is subject to the penalty herein prescribed, in this section. such The fine to must be recovered in a civil action filed upon complaint of the commission in any court of competent jurisdiction."

Section 7.  Section 69-14-133, MCA, is amended to read:

"69-14-133.   Collection and disposition of penalties and forfeitures. Unless otherwise provided in this chapter, all penalties and forfeitures incurred, levied, and made under the provisions of this chapter shall must be collected by the commission, and paid over to the state, treasurer and credited to the general fund. Should If the commission fail fails or refuse refuses to institute appropriate action for the recovery of any penalty or forfeiture provided for herein in this chapter for the space of 60 days after notice of the cause of complaint by an aggrieved person or shipper, such the person or shipper may institute and prosecute such an action in the name of the state against such the railroad, in the same manner as could the commission."

Section 8.  Section 69-14-232, MCA, is amended to read:

"69-14-232.   Caboose required to be rear train car -- size and equipment of caboose. (1) Every railroad must place, as the last car on any freight train required by federal railroad administration rules to have its air system and cars inspected by qualified inspecting employees at any designated inspection point and between said inspection points and operating within the state, a caboose occupied by at least one employee of the railroad. A caboose is required on all through-freight, local, and work trains. Provided however, a caboose is not required on a train operating within railroad yard or switch limits as presently established, or on a through-freight if not more than 2,000 feet in overall length operating within an automatic block signal system or within centralized traffic control limits.

(2)  Cabooses shall Occupied cabooses must be at least 24 feet in length, exclusive of platforms, and shall must be provided with a door in each end and with cupolas or bay windows, platforms, guardrails, grabirons, and steps for the safety of persons in alighting or getting on cabooses. Cabooses shall must be of metal frame construction and must be sufficiently insulated to eliminate track and other related noise above 85 decibels in any octave in the speech range. Other requirements for cabooses are as follows:

(a)  The trucks shall provide riding qualities at least equal to those of freight type trucks modified with elliptical or additional coil springs or other means of equal or greater efficiency and shall must have at least two four-wheel trucks with standard steel wheels or their equivalent. Draft gears shall must have a minimum travel of 2 1/2 inches and a minimum capacity of 18,000 foot-pounds and shall must comply with Association of American Railroads Standard M-901 or its equivalent.

(b)  Electric lighting of at least 40 foot-candles shall must be provided for direct illumination of the caboose desk, reading areas, and lavatory facilities.

(c)  A spotlight shall must be provided on the rear of the caboose with sufficient candlepower to illuminate the track for a distance of at least 300 feet to the rear of the caboose during the hours of darkness.

(d)  The caboose marker or markers shall must be either reflectorized or capable of illumination when required.

(e)  Only glass of the safety-glass type shall may be used in partitions, doors, windows, or wind deflectors.

(f)  All seats and seat backs shall must conform to the safety standards designated by the United States department of transportation in its "Federal Federal Motor Vehicle Safety Standards" Standards, Motor Vehicle Safety Standard No. 201. All edges and protrusions on seats and seat backs shall must be rounded to prevent injury to employees.

(3)(2)  Any person, corporation, or company, operating any railroad or railway in this state, violating any of the provisions of this section and 69-14-233 is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $500 or more than $1,000 for each offense."

Section 9.  Section 69-14-401, MCA, is amended to read:

"69-14-401.   Court review of commission actions. (1) Actions An action to review the determination of the commission fixing adopting any classification, rate, toll, charge, regulation, rule or order or the refusal of said the commission to make, fix, or establish any classification, rate, toll, charge, regulation, adopt a rule or order shall must be commenced, in the district court of the county having jurisdiction thereof, by the filing of a complaint, duly verified as provided for the verification of pleadings in civil actions. Notice may be served upon the party defendant either by summons issued and served as provided for in this code in civil actions or the court may issue an order directed to the defendant requiring him to answer the complaint at such time as the court may deem reasonable; provided, however, that such time shall not be less than 5 days from the time of the service of such order. Upon the appearance of the defendant, he may deny or admit the facts set forth in said complaint, by answer, which shall be verified as the pleadings in other civil actions.

(2)  If, upon the hearing, the court shall find that the rates fixed or the classifications made are unjust and unreasonable, it shall thereupon be the duty of said commission to make new rates or a reclassification, as the case may be. All orders or notices required under the provisions of this section may be issued by the court or by the judge thereof at chambers."

Section 10.  Section 69-14-604, MCA, is amended to read:

"69-14-604.   Procedure to order construction of crossing. Whenever any If a board of county commissioners shall order orders the construction of any a railroad crossing, said the board shall enter an order upon its minutes, specifying the place of such the crossing. A copy of said the order shall must be served upon the railroad company, and a copy shall also must be immediately mailed to the public service commission. Service of said order may be made upon the railroad company by delivering such copy to any station agent employed in connection with the operation of said railroad in said county."

Section 11.  Section 69-14-708, MCA, is amended to read:

"69-14-708.   Records of accidents involving animals livestock. (1) (1) It shall be the duty of any corporation, association, company, or person owning, controlling, or operating any A railroad company or branch thereof in this state to designate some station on the line of the same, in each county through which it passes, at which it shall keep a suitable book and within 30 days after the killing or injuring of any animal, to cause to be entered therein the date when and the place where the same was must report to the department of livestock any livestock killed or injured, as near as may be, together with a description thereof, including the age, color, and sex of the same and marks and brands upon the same as near as the same can be done. When such by a train or railroad equipment on the railroad or branch thereof shall run to or through any town or station at which is located the county seat of any county, then such book shall be kept at such town or station at which said county seat is located, and the written demand provided for in 69-14-709 may be served on the agent of such station right-of-way within 30 days after the killing or injuring of any livestock.

(2) A railroad company failing to provide the notice provided for in subsection (1) is liable to the owner of the animal killed or injured, whether negligently done or not. The court or jury before whom an action is tried for the recovery of damages may in its discretion render a verdict and judgment for the amount of the value of the livestock killed or the amount of damages sustained by reason of injury.

(2)  This book shall be kept for the inspection of any person claiming to be interested in the inspection thereof.

(3)  Notice of the station designated pursuant to subsection (1) shall be filed with the county clerk of the county in which said station is situated.

(4)  Any corporation, association, or person so owning, controlling, or operating such railroad or branch thereof failing to designate said station, file said notice, keep said book, and make the entries as provided in this section shall be liable to the owner of the animal so killed or injured, whether negligently done or not, and the court or jury before whom any action is tried for the recovery of damages on account thereof may in its discretion render verdict and judgment for the amount of the value of any such animal so killed or the amount of damages sustained by reason of any injury thereto."

Section 12.  Section 69-14-713, MCA, is amended to read:

"69-14-713.   Violation of provisions dealing with injury to livestock. (1) Except as otherwise provided in this chapter, every a person who violates any of the provisions of 69-14-701 through 69-14-712 69-14-711 relating to livestock killed or injured by railroads is guilty of a misdemeanor.

(2)  Any A person violating any of the provisions of 69-14-711 or 69-14-712 shall upon conviction thereof be punished by a fine of not less than $10 or more than $300, or by imprisonment in the county jail for a period of not less than 10 days or more than 60 days, or by both such fine and imprisonment."

Section 13.  Section 69-14-801, MCA, is amended to read:

"69-14-801.   Maintenance of loading platform by railroad. (1) Every A railroad company doing business in this state shall, within 60 days after notice from the commission, erect one or more safe platforms for the transfer of livestock, grain, and other commodities from wagons or otherwise to cars at each and every station or siding designated in such notice, such. The platforms to must be erected so as not to not endanger life and property.

(2)  If any a railroad company, after receiving notice as provided for in this section, shall fail fails, refuse refuses, or neglect neglects to erect platforms as required by this section within the required 60 days, the commission is authorized and empowered and it is made its duty to shall notify such the railroad company to appear before it at a certain time and place and show cause, if there is any, why such the commission should not issue an order requiring such the railroad company to comply with the requirements of this section. The commission shall have power may, after such the hearing, to issue an order upon said commanding the railroad company commanding it to erect such the platform if the commission shall upon such examination and hearing deem such platform necessary.

(3)  Any A notice required to be served upon any a railroad company to carry out any of the provisions of this section or similar provisions relating to the enlarging of such platforms may be served upon any agent of said the railroad company within the state."

Section 14.  Section 69-14-921, MCA, is amended to read:

"69-14-921.   Suitable cars to be furnished for shipment of grain and other commodities in bulk. (1) All boxcars cars furnished by railroad or railway companies for the transportation of grain or other commodities in bulk shall must be of such construction and in such order as constructed to prevent leakage when such commodities are placed or hauled therein in the cars. It is hereby made the duty of all railroad or railway companies to furnish such cars in such the required condition.

(2)  Whenever boxcars cars placed for loading grain or other commodities in bulk are found to be in such a condition that they will not afford safe transportation for such commodities, the railroad or railway company shall, upon written complaint to the agent or other person in authority by the shipper or his the shipper's representative who proposes to load said the car or cars and within 24 hours, cause said the car or cars to be properly cleaned and coopered and put in such repair as will afford to allow safe transportation for the commodity to be shipped."

Section 15.  Section 69-14-922, MCA, is amended to read:

"69-14-922.   Action by shipper to render cars suitable. (1) In case such If a railroad or railway company shall fail fails within 24 hours after written complaint has been made by the shipper or his the shipper's representative to clean and safely cooper such prepare a car or cars, then such the shipper or his the shipper's representative shall have authority to may enter upon such car or cars and properly and safely cooper and clean the same and prepare the car or cars. Preparing a car or cars may not include repairs covered in 49 CFR, parts 200 through 399. Said The railroad or railway company shall pay for the labor expended in such the repairs at the rate of $3 per 8-hour day cleaning or preparation and the actual cost of material used, providing that such charge shall in no case exceed $5 for each car so coopered.

(2)  In case any If a car or cars are placed at a station or siding where there is no representative of said the railroad or railway company upon whom complaint may be served, then and in such case the shipper or his the shipper's representative may at once enter upon the said car or cars and clean and make such repairs repair the cars as are necessary and shall must be paid for the labor and material expended, as provided in subsection (1)."

Section 16.  Section 69-14-1004, MCA, is amended to read:

"69-14-1004.   Penalty for intoxication being under the influence while engaged in train operations. Every A person who is intoxicated under the influence, as provided in 49 CFR 383.51, of alcohol or a drug while in charge of a locomotive engine while as conductor or driver upon any railroad car or train, whether propelled by steam or otherwise, or while acting as train dispatcher or as telegraph operator receiving or transmitting dispatches in relation to the movement of trains is guilty of a misdemeanor."

Section 17.  Repealer. Sections 69-14-119, 69-14-301, 69-14-302, 69-14-303, 69-14-304, 69-14-305, 69-14-306, 69-14-307, 69-14-308, 69-14-309, 69-14-310, 69-14-311, 69-14-312, and 69-14-712, MCA, are repealed.