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SECOND REGULAR SESSION
HOUSE BILL NO. 2385
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DEAN.
5570H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 389, RSMo, by adding thereto four new sections relating to railroad safety ,
with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 389, RSMo, is amended by adding thereto four new sections, to
2 be known as sections 389.61 1, 389.1 100, 389.1200, and 389.1220, to read as follows:
389.61 1. 1. No railr oad train shall pre vent the use of a public roa dway or
2 highway cr ossing for mor e than fifteen consecutive minutes, except when:
3 (1) Such train is continuously moving; or
4 (2) The train is stopped due to an emergency , mechanical failure , or a situation
5 beyond the contr ol of the railr oad operator that prev ents safe movement.
6 2. Each instance of a violation shall constitute a separate offense for each
7 blocked cr ossing.
8 3. A railr oad found in violation of this section shall be subject to a civil penalty
9 not to exceed one thousand five hundred dollars per violation, to be enforce d by the
10 department of transportation.
11 4. Nothing in this section shall be construed to conflict with or preempt federal
12 railr oad safety regu lations.
389.1 100. 1. No railr oad operating within this state shall operate, or permit to be
2 operated, any train exceeding eight thousand five hundred feet in total length on any
3 main track or branch line.
4 2. The department of transportation shall have authority to adopt rules and
5 standards to implement and enfor ce this section, including pro cedure s for
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
6 measur ement, exemptions for specific routes , and penalties for violations. Any rule or
7 portion of a rule, as that term is defined in section 536.010, that is creat ed under the
8 authority delegated in this section shall become effective only if it complies with and is
9 subject to all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This
10 section and chapter 536 are nonseverable and if any of the powers vested with the
11 general assembly pursuant to chapter 536 to revie w , to delay the effective date, or to
12 disappr ove and annul a rule ar e subsequently held unconstitutional, then the grant of
13 rulemaking authority and any rule pr oposed or adopted after August 28, 2026, shall be
14 invalid and void.
389.1200. 1. For purposes of this section, the following terms mean:
2 (1) "Cr ew member", an employee of the railr oad carrier involved in the
3 operation of a railr oad train or light engine. The term does not include hostler service,
4 helper service, or utility employees or contractors;
5 (2) "Helper service", the use of one or mor e locomotives to assist another train
6 experiencing mechanical failur e or lacking sufficient power to traverse difficult terrain,
7 including travel to and fr om the point of assistance;
8 (3) "Hostler service", the movement of locomotives not attached to rail cars
9 within a rail yard.
10 2. Except as pr ovided in subsection 3 of this section, a railr oad train or light
11 engine used in connection with the movement of fre ight shall be operated by a crew
12 consisting of not fewer than two qualified cr ew members.
13 3. The two-person crew r equir ement shall not apply to:
14 (1) Helper services;
15 (2) Hostler services; or
16 (3) The movement of a train for the purpose of loading or unloading fr eight,
17 pr ovided the train is operated at a speed not exceeding ten miles per hour .
18 4. Any person or railr oad carrier who willfully violates subsection 2 of this
19 section shall be subject to the following penalties:
20 (1) For a first offense, a fine not to exceed one-thousand five hundred dollars;
21 (2) For a second offense, a fine not to exceed five-thousand dollars;
22 (3) For a third or subsequent offense, a fine not to exceed ten-thousand dollars.
23 5. This section shall not be construed to conflict with federal reg ulations
24 governing railr oad cr ew staffing.
25 6. The department of transportation shall have authority to enforce this section
26 and may pr omulgate rules to carry out its pr ovisions. Any rule or portion of a rule, as
27 that term is defined in section 536.010, that is creat ed under the authority delegated in
28 this section shall become effective only if it complies with and is subject to all of the
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29 pr ovisions of chapter 536 and, if applicable, section 536.028. This section and chapter
30 536 are nonseverable and if any of the powers vested with the general assembly
31 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
32 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
33 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
34 7. The enactment of this section shall become effective only upon notification to
35 the rev isor of statutes by the attorney general of Missouri that a final judgment that
36 affirms the validity of the Federal Railr oad Administration's two-person cr ew rule has
37 been enter ed.
389.1220. 1. For purposes of this section, "personally identifying information"
2 includes a crew member's or engineer's name, home addr ess, personal telephone
3 number , driver's license number , social security number , or other information that
4 could reas onably be used to identify or locate such individual.
5 2. Personally identifying information of train crew members and engineers
6 contained in reports or communications rel ated to railr oad incidents involving motor
7 vehicles shall be r edacted fr om any publicly released record s.
8 3. Unred acted copies of such record s shall be accessible only:
9 (1) T o the employing railro ad or its authorized repr esentatives;
10 (2) By court order , and to others specifically authorized by such order; or
11 (3) T o law enforcem ent agencies, the attorney general's office, or the department
12 of transportation if the information is necessary to perform their official duties.
13 4. If a court determines that a cr ew member or engineer was not at fault in a
14 railr oad incident involving a motor vehicle, such person's identifying information shall
15 r emain confidential in all public records.
16 5. The department of transportation shall enforce this section and may
17 pr omulgate rules to ensure compliance and confidentiality . Any rule or portion of a
18 rule, as that term is defined in section 536.010, that is crea ted under the authority
19 delegated in this section shall become effective only if it complies with and is subject to
20 all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This section and
21 chapter 536 are nonseverable and if any of the powers vested with the general assembly
22 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
23 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
24 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
✔
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