AB 446 — Revises provisions relating to transportation. (BDR 58-207)

1.3.

As used in sections 1.3 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.5 and 1.7 of this act have the meanings ascribed to them in those sections.

Sec.

1.5.

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

§ 1033.901.

Sec.

1.7.

“Class II railroad” has the meaning ascribed to it in 40 C.F.R.

§ 1033.901.

- *AB446_R1* – 4 – Sec.

A railroadClass companyI owning or operatingClass anyII railroad operating within this State shall not operate, run or permit to be run anywhere over a main line or branch line in this State any freight or work train that is more than 8,5007,500 feet long.

- *AB446* – 4 – 2.

A railroadClass companyI owning or operatingClass anyII railroad operating within this State shall install and maintain a hot box detector not less than every 1020 miles along each main line in this State that is owned or operated by the railroadrailroad. company.

A railroad company that is required to install a hot box detector pursuant to this section shall inspect each such hot box detector installed by the companyrailroad for defects not less than once every 30 days.

AExcept railroadfor companya owningtrain, rolling stock or operatingother anyon-track equipment that is stopped due to mechanical failure where separation or movement is not possible, a Class I or Class II railroad operating within this State shallshall, notupon placethe aapproach stationaryof railan carauthorized emergency vehicle, cut, separate or traincause onto abe portionmoved ofany atrain, railroadrolling stock or other on-track equipment that ishas withincome 1,500to feeta ofcomplete stop and is blocking a railroad grade crossing.

Except for a train, rolling stock or other on-track equipment that is stopped due to mechanical failure where separation or movement is not possible, a railroad company owning or operating any railroad within this State shall, upon the approach of an authorized emergency vehicle, cut, separate or cause to be moved any train, rolling stock or other on-track equipment that has come to a complete stop and is blocking a railroad grade crossing.

5.

(e) “Railroad grade crossing” means any intersection between a highway, as defined in NRS 706.074,706.081, and a railroad track.

A railroadClass companyI owning or operatingClass anyII railroad operating within this State shall not knowingly cause to be placed or permit to remain in the safe space of a railroad track any material or condition likely to endanger the safety of an employee, including, without limitation:

- *AB446**AB446_R1* – 5 – (d) Vegetation exceeding a height of 4 inches;

(2) A declaration that the lighting equipment in each railroad yard operated by the railroad meets or exceeds the - *AB446**AB446_R1* – 6 – guidelines described in paragraph (c) and is operated in accordance with the objectives described in paragraph (d);

and - *AB446**AB446_R1* – 7 – (b) In a manner consistent with:

8.

As used in this section:

(a) “At night” means after sunset and before sunrise.

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

§ 1033.901.

- *AB446* – 8 – (c) “Class II railroad” has the meaning ascribed to it in 40 C.F.R.

§ 1033.901.

If the employees of a railroad company owning or operating a railroad in this State, or any particular subset of employees of the railroad company, have elected to be represented by a labor union, the railroad company shall authorize the designated representative of each such union to monitor the safety - *AB446_R1* – 8 – practices and operations of the railroad.

and (c) Conduct such other examinations of railroad property and interviews of employees of the railroad company who are represented by the union as may be necessary to:

The Public Utilities Commission of Nevada shall require each railroadClass companyI owning or operatingClass anyII railroad operating within this State to provide a bond executed by the company, corporation or receiver, as applicable, as principal, and by a corporation qualified pursuant to the laws of this State as a surety, - *AB446* – 9 – payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of sections 2 to 5, inclusive, of this act.

A railroadClass companyI or Class II railroad that violates theany provisionsprovision of sections 2 to 5, inclusive, of this act, is liable to the Public Utilities Commission of Nevada for a civil penalty of:

- *AB446_R1* – 9 – (a) Not less than $500, but not more than $25,000 for each violation;

(1) The railroad company committed the violation in a grossly negligent manner;

- *AB446* – 10 – 5.

- *AB446_R1* – 10 – Sec.

- *AB446* – 11 – (1) Completing the transportation assignment, if the assignment can be completed within the additional hours of drive time authorized by this subsection;

A railroad contract carrier shall require each transport vehicle driver employed by the carrier to keep and maintain accurate time records for each day that the transport vehicle driver - *AB446_R1* – 11 – is on duty.

(5) Vehicular manslaughter pursuant to NRS 484B.657, a violation of subsection 9 of NRS 484B.653 or a similar offense, - *AB446* – 12 – the elements of which involve the death of a person caused by the negligent or grossly negligent operation of a motor vehicle.

- *AB446_R1* – 12 – (8) Any offense involving a breach of a duty or responsibility under law to stop and remain at the scene of a crash, including, without limitation, a violation of NRS 484E.010, 484E.020 or 484E.030.

(c) Documents and records relating to the driving record and history of the transport vehicle driver, including, without limitation, records of any citations issued to the driver or - *AB446* – 13 – convictions of the driver for a violation of the motor vehicle laws or ordinances of any jurisdiction.

(d) Documents not described in paragraph (b) or (c) that otherwise relate to the qualification or ability of the transport vehicle driver to drive a motor vehicle, including, without limitation, records of any complaints made against the transport vehicle driver through a hotline maintained by the railroad - *AB446_R1* – 13 – contract carrier to receive feedback on the driving of transport vehicle drivers.

- *AB446* – 14 – (b) The transport vehicle driver received a moving violation citation or civil infraction citation arising from or relating to the accident and the accident additionally resulted in:

or - *AB446_R1* – 14 – (2) One or more vehicles involved in the accident being rendered disabled or immovable due to damages sustained in the accident.

- *AB446* – 15 – (1) Tires with sufficient tread in accordance with 49 C.F.R.

- *AB446_R1* – 15 – (5) If the transport vehicle is expected to be driven through inclement weather conditions requiring specialized equipment, tractionstraction devices, studs or chains necessary to drive safely in such conditions.

and (3) Detailed records evidencing all maintenance, servicing or repair performed on each transport vehicle, which must include - *AB446* – 16 – a description of the specific maintenance, service or repair tasks performed on the transport vehicle and the date on which the maintenance, service or repair task was performed.

A railroad contract carrier shall ensure that each of its transport vehicle drivers, officers, agents and employees whose duties or responsibilities are related to inspecting and maintaining - *AB446_R1* – 16 – transport vehicles comply with and are knowledgeable of the policy adopted by the railroad contract carrier pursuant to subsection 3.

The Authority shall require a railroad contract carrier to provide a bond executed by the railroad contract carrier as principal, and by a corporation qualified pursuant to the laws - *AB446* – 17 – of this State as a surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of sections 8 to 20, inclusive, of this act.

The Department of Motor Vehicles, the Department of Public Safety, the Authority and any member, officer, employee or - *AB446_R1* – 17 – other designee of the Authority may, pursuant to subsection 1 of NRS 706.171 and NRS 706.172, inspect any document or record required to be maintained pursuant to sections 8 to 20, inclusive, of this act, and such records shall be deemed to contain information relating to a matter of public safety.

- *AB446* – 18 – Sec.

The display shall not be deemed - *AB446_R1* – 18 – advertising for the purposes of NRS 706.285 unless additional information about the operator is included.

- *AB446* – 19 – 4.

- *AB446_R1* – 19 – (1) Be open to public inspection;

The 30 days’ notice is not applicable when the carrier gives written notice to the Authority 10 days before the effective date of its participation in a tariff bureau’s - *AB446* – 20 – rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the Authority.

- *AB446_R1* – 20 – 6.

The Authority shall adopt regulations providing for a procedure by which any contract entered into by a contract motor carrier after the contract motor carrier has been issued a permit - *AB446* – 21 – pursuant to this section may be approved by the Authority without giving notice required by statute or by a regulation of the Authority.

or - *AB446_R1* – 21 – 2.

- *AB446* – 22 – (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 8 to 20, inclusive, of this act;

or (2) Towing services, - *AB446_R1* – 22 –  without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

In addition to the fine, the person - *AB446* – 23 – may be punished by imprisonment in the county jail for not more than 6 months.

- *AB446_R1* – 23 – 4.

706.781 In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, and sections 8 to 20, inclusive, of this act for the prevention and punishment of any violation of the provisions thereof and of all orders of the Authority or theof the Department, the Authority or the Department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and sections 8 to 20, inclusive, of this act and with the orders of the Authority or the Department by proceedings in mandamus, injunction or by other civil remedies.

H - *AB446**AB446_R1*