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Senate
File
40
-
Introduced
SENATE
FILE
40
BY
SHIPLEY
A
BILL
FOR
An
Act
requiring
the
installation
and
maintenance
of
train
1
defect
detectors
on
railway
branch
lines,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
327F.6
Defect
detectors.
1
1.
A
railroad
company
shall
install
and
maintain
at
least
2
one
defect
detector
on
or
along
every
railway
branch
line
upon
3
which
the
company
operates
a
train,
and
if
the
railway
branch
4
line
is
longer
than
fifteen
miles,
the
railroad
company
shall
5
install
and
maintain
at
least
one
defect
detector
every
fifteen
6
miles.
Railroad
companies
that
operate
on
the
same
railway
7
may
jointly
share
the
costs
associated
with
installing
and
8
maintaining
defect
detectors
under
this
subsection.
9
2.
a.
A
railroad
company
that
operates
a
train
on
a
railway
10
branch
line
that
does
not
have
a
defect
detector
installed
and
11
maintained
in
accordance
with
subsection
1
is
subject
to
a
12
schedule
“five”
penalty
under
section
327C.5
for
every
mile
of
13
the
branch
line,
or
if
the
branch
line
is
longer
than
fifteen
14
miles,
for
every
mile
of
the
branch
line
that
is
more
than
15
fifteen
miles
away
from
a
defect
detector,
as
applicable.
16
b.
A
railroad
company
is
subject
to
a
schedule
“five”
17
penalty
under
section
327C.5
for
each
time
a
train
crosses
or
18
passes
by
a
defect
detector
that
fails
to
notify
the
train
crew
19
of
a
detected
defect.
20
3.
Railroad
companies
that
operate
on
the
same
railway
21
branch
line
are
jointly
and
severally
liable
in
any
suit
22
arising
from
the
installation
and
maintenance
of
all
defect
23
detectors,
or
lack
thereof,
on
or
along
the
branch
line.
24
4.
As
used
in
this
section,
“defect
detector”
means
a
25
device,
regardless
of
whether
the
device
is
integrated
into
26
the
railway,
equipped
with
sensors
that
detect
axle
and
brake
27
abnormalities
on
a
passing
train
and
alert
the
train
crew
of
28
any
detected
abnormality.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
requires
a
railroad
company
to
install
and
33
maintain
at
least
one
defect
detector,
as
defined
in
the
bill,
34
on
or
along
every
railway
branch
line
upon
which
the
company’s
35
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40
trains
operate.
If
the
branch
line
is
longer
than
15
miles,
1
one
defect
detector
is
required
at
least
every
15
miles.
2
Railroad
companies
that
operate
trains
on
the
same
railway
3
may
share
such
costs
and
are
jointly
and
severally
liable
in
4
any
suit
arising
from
the
installation
and
maintenance
of
all
5
defect
detectors,
or
lack
thereof,
on
or
along
the
railway
6
branch
line.
7
A
railroad
company
that
operates
a
train
on
a
railway
branch
8
line
that
does
not
have
a
defect
detector
installed
as
required
9
under
the
bill
is
subject
to
a
schedule
“five”
penalty
under
10
Code
section
327C.5
for
every
mile
of
the
branch
line,
or
every
11
mile
that
is
more
than
15
miles
away
from
a
defect
detector,
as
12
applicable.
A
railroad
company
is
also
subject
to
a
schedule
13
“five”
penalty
for
each
time
a
train
crosses
or
passes
by
14
a
defect
detector
that
fails
to
notify
the
train
crew
of
a
15
detected
defect.
A
schedule
“five”
penalty
is
a
fine
of
not
16
less
than
$500
nor
more
than
$5,000
for
a
first
violation,
and
17
not
less
than
$5,000
nor
more
than
$10,000
for
a
subsequent
18
violation.
19
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