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SECOND REGULAR SESSION
SENATE BILL NO. 1742
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
7417S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 389, RSMo, by adding thereto one new section relating to crew member
requirements for certain rail operations, 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 1
one new section, to be known as section 389.1200, to read as 2
follows:3
389.1200. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Crew member", an employee of the railroad carrier 3
involved in the operation of a railroad train or light 4
engine. The term does not include hostler service, helper 5
service, or utility employees or contractors; 6
(2) "Helper service", the use of one or more 7
locomotives to assist another train experiencing mechanical 8
failure or lacking sufficient power to traverse difficult 9
terrain, including travel to and from the point of 10
assistance; 11
(3) "Hostler service", the movement of locomotives not 12
attached to rail cars within a rail yard. 13
2. Except as provided in subsection 3 of this section, 14
a railroad train or light engine used in connection with the 15
movement of freight shall be operated by a crew consisting 16
of not fewer than two qualified crew members. 17
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3. The two-person crew requirement shall not apply to: 18
(1) Helper services; 19
(2) Hostler services; or 20
(3) The movement of a train for the purpose of loading 21
or unloading freight, provided the train is operated at a 22
speed not exceeding ten miles per hour. 23
4. Any person or railroad carrier who willfully 24
violates subsection 2 of this section shall be subject to 25
the following penalties: 26
(1) For a first offense, a fine not to exceed one 27
thousand five hundred dollars; 28
(2) For a second offense, a fine not to exceed five 29
thousand dollars; 30
(3) For a third or subsequent offense, a fine not to 31
exceed ten thousand dollars. 32
5. This section shall not be construed to conflict 33
with federal regulations governing railroad crew staffing. 34
6. The department of transportation shall have 35
authority to enforce this section and may promulgate rules 36
to carry out its provisions. Any rule or portion of a rule, 37
as that term is defined in section 536.010, that is created 38
under the authority delegated in this section shall become 39
effective only if it complies with and is subject to all of 40
the provisions of chapter 536 and, if applicable, section 41
536.028. This section and chapter 536 are nonseverable and 42
if any of the powers vested with the general assembly 43
pursuant to chapter 536 to review, to delay the effective 44
date, or to disapprove and annul a rule are subsequently 45
held unconstitutional, then the grant of rulemaking 46
authority and any rule proposed or adopted after August 28, 47
2026, shall be invalid and void. 48
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7. The enactment of this section shall become 49
effective only upon notification to the revisor of statutes 50
by the attorney general of Missouri that a final judgment 51
that affirms the validity of the Federal Railroad 52
Administration's two-person crew rule has been entered. 53
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