AB 337 — Revises provisions governing railroads. (BDR 58-957)

(ReprintedAssembly withBill amendmentsNo. adopted on April 22, 2019) FIRST REPRINT A.B.

337337–Assemblymen AMartinez, SSEMBLYCarlton; B ILLN O.

337–Backus ASSEMBLYMENand MCarrillo ARTINEZCHAPTER.......... , CARLTON ;

ACKUS AND CARRILLO M ARCH 18, 2019 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions governing railroads.

(BDR 58-957) FISCAL NOTE:

EffEffect on the State:

Yes.No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides employment protections for certain railroad employees who were employed by any railroad in this State on April 1, 1963, or July 1, 1985, to address provisions concerning the size of a train crew that were removed from5,from the Nevada Revised Statutes by the Legislature in 1963 and 1985, respectively.

(NRSof 705.390;Nevada 1985, p.

chapter 176, Statutes of Nevada 1963, p.

281, chapter 358, Statutes of Nevada 1985, p.

Section 1 of this bill requires any Class I freight railroad, Class I railroad or Class II railroad for transporting freight which operates a train or locomotive in this State, and any officer of such a railroad, to ensure that the train or locomotive contains a crew of not less than two persons, with certain exceptions.

Section 2 of this bill providesofprovides that a railroad or officer of a railroad who violates the provisions of section 1 is liable(NRS 705.420) Sections 3-5 of this bill require vehicles to thestop Publicat Utilitiesrailroad Commissiongrade ofcrossings Nevadawhen fortraffic certaincontrol civildevices penalties.are operating or when on-track equipment is approaching.

(NRSEXPLANATION 705.420)– SectionsMatter 3-5in ofbolded thisitalics bill require vehicles to stop at railroad grade crossings when traffic control devices are operating or when on-track equipment is approaching.new;

-matter *AB337_R1*between –brackets 2[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a) “Class I freight railroad” has the meaning ascribed to it in 40 C.F.R.

- 80th Session (2019) – 2 – (c) “Class II railroad” has the meaning ascribed to it in 40 C.F.R.

(d) “Helper services” includes connecting a locomotive to the front or back of a train to assist the train in ascending or descendingdes(e) “Hostling services” includes moving a grade.train or locomotive a short distance in a railroad yard.

(e) “Hostling services” includes moving a train or locomotive a short distance in a railroad yard.

The foregoing requirements shall apply when:whe(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train [.] or other on-track equipment.

- *AB337_R1* – 3 – (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train [.] or other on-track equipment.

- 80th Session (2019) – 3 – 2.

484B.560the 1.driver of a bus carrying passengers, or of any school bus 4, carrying any school child, or of any vehicle carrying hazardous materials as that term is defined in 49 C.F.R.

Except§ as383.5, otherwisebefore providedcrossing inat subsectiongrade 4,any thetrack driveror tracks of a busrailroad, carryingshall passengers,stop orthat vehicle within 50 feet but not less than 15 feet from the nearest rail of anythe schoolrailroad busand carryingwhile so stopped shall listen and look in both directions along the track for any schoolapproaching child,train [,] or other on- track equipment, and for signals indicating the approach of anya vehicletrain carrying[,] hazardousor materialsother ason-track thatequipment, termand isshall definednot inproceed 49until C.F.R.the driver can do so safely.

§ 383.5, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail directions along the track for any approaching train [,] or other on- track equipment, and for signals indicating the approach of a train driver can do so safely.uipment, and shall not proceed until the 2.

(b)abandoned.ch Which is marked with a device indicating that the crossing is abandoned.(c) Which is a streetcar crossing or is used exclusively for industrial switching purposes within an area designated as a business district.

(c)(d) Which is amarked streetcarwith crossinga orsign isidentifying usedit exclusivelyas for industrial switching purposes within an areaexempt designatedcrossing. as a business district.

- *AB337_R1* – 4 – (d) Which is marked with a sign identifying it as an exempt crossing.

- 80th Session (2019) – 4 – 5.

484B.563any 1.crawler-type tractor, power shovel, derrick, roller, or anymove vehicle, equipment or structure having a normal operating speed of or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a highway, upon or across any tracks at a railroad grade crossing without first complying with this section.

It is unlawful for any person to operate or move any crawler-type tractor, power shovel, derrick, roller, or any vehicle, equipment or structure having a normal operating speed of than one-half inch per foot of the distance between any two adjacentss axles or in any event of less than 9 inches, measured above the level crossing without first complying with this section.a railroad grade 2.

-~~~~~ *AB337_R1*19 –- 580th –Session TEXT(2019) OF REPEALED SECTION 705.390 Protection of flagger and trainman employed on certain dates from discharge or loss of employment.

No person employed as a flagger on any railroad in this State on April 1, 1963, may be discharged or lose such employment by reason of the provisions of chapter 176, Statutes of Nevada 1963.

No person July 1, 1985, may be discharged or lose such employment by reason of the provisions of chapter 358, Statutes of Nevada 1985.

But if a flagger or a trainman retires, terminates or voluntarily leaves such employment, the railroad company need not replace the position so vacated.

H - *AB337_R1*