Lex Anteinternet: The 2023 Wyoming Legislative Session. Length of Trains

Lex Anteinternet: The 2023 Wyoming Legislative Session. End of the f...: HB 204 would regulate the length of trains.

 HOUSE BILL NO. HB0204

Allowable train lengths.

Sponsored by: Representative(s) Chestek, Berger and Newsome and Senator(s) Gierau and Rothfuss

A BILL

for

AN ACT relating to public utilities; requiring trains to be not more than a specified length; providing operational requirements; providing a civil penalty; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 37‑9‑1401 and 37‑9‑1402 are created to read:

ARTICLE 14

RAILROAD TRAINS

37‑9‑1401.  Definitions.

(a)  As used in this article:

(i)  "Branch line" means a secondary railroad track that branches off from a main line;

(ii)  "Director" means the director of the department of transportation;

(iii)  "Mainline" means a class I railroad as documented in current timetables filed by the class I railroad with the federal railroad administration under 49 C.F.R. 217.7 when the railroad has five million (5,000,000) or more gross tons of railroad traffic transported annually;

(iv)  "Railroad" means any form of non‑highway ground transportation that runs on rails or electromagnetic guideways;

(v)  "Train" means one or more locomotives, coupled with or without cars, that require an air brake test in accordance with 49 C.F.R. part 232 or part 238;

(vi)  "Siding" or "passing track"  means a sidetrack with switches at both ends.

37‑9‑1402.  Train length; penalties.

(a)  In addition to other administrative or criminal remedies authorized by law, the director, after notice and opportunity for hearing, shall assess a civil penalty against a railroad company, corporation or employer as provided in this section.

(b)  No railroad company operating in the state of Wyoming shall run or permit to be run any train that exceeds eight thousand five hundred (8,500) feet in length or exceeds the length of the shortest passing track or siding on which it travels on any mainline or branch line, or that routinely or repeatedly blocks any intersection for periods exceeding ten (10) minutes at one (1) time.

(c)  Except as provided in subsection (d) any railroad company who willfully violates subsection (b) of this section shall be subject to a civil penalty in an amount not less than five hundred dollars ($500.00) per foot nor more than one thousand dollars ($1,000.00) per foot of the amount of a train exceeding the limitation set forth in subsection (a) of this section.

(d)  Any railroad company who commits a grossly negligent violation or who has a pattern of repeated violations of subsection (b) of this section which violation caused an imminent threat of death or injury to another person or that caused death or injury to another person shall be subject to a one (1) time fine not to exceed two hundred fifty thousand dollars ($250,000.00).

(e)  In determining the amount of any civil penalty under this section the director shall consider:

(i)  The nature, circumstances, extent and gravity of the violation;

(ii)  The degree of culpability, history of violations, ability to pay and any effect on the violator's ability to continue to do business;

(iii)  Any other matters that justice requires.

(f)  At the request of the director, the attorney general may initiate a civil action to collect any civil penalty imposed pursuant to this section. The attorney general may bring a civil action in any court of competent jurisdiction. A civil action under this section shall be commenced within three (3) years of the date of the violation or within three (3) years of the latest violation if a repeated offense is alleged.

(g)  Any civil penalty received under this section shall be deposited in the state highway fund.

Section 2.  This act is effective July 1, 2023.