Struck = removed from the bill ·
added = the amendment's new text.
EXEMPTSession (Reprinted(83rd) withA amendmentsAB446 adopted320 onAmendment AprilNo. 18, 2025) FIRST REPRINT A.B.
446320 AAssembly SSEMBLYAmendment Bto ILLAssembly NOBill .No.
446–ASSEMBLYMEMBER446 CARTER(BDR M58-207) ARCHProposed 17,by: 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to transportation.
Assembly Committee on Growth and Infrastructure Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
CCP/JFD - Date:
4/16/2025 A.B.
No.
446—Revises provisions relating to transportation.
(BDR 58-207) Page 1 of 19 *A_AB446_320* Assembly Amendment No.
320 to Assembly Bill No.
446 Page 3 A SSEMBLY BILL NO .
446–ASSEMBLYMEMBER CARTER M ARCH 17,2025 _______________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to transportation.
[prohibiting a railroad from placing a stationary rail car or train within a certain distance of a railroad grade crossing;] requiring certain railroads to install certain safety equipment;
(Chapter 705 of NRS) Section 2 of this bill prohibits a Class I or Class II railroad [company owning or] operating [any railroad] in this State from operating,[: running or allowing to be run on certain railroad tracks a freight or work train that is more than 7,500 feet long.
install(1)] andoperating, periodicallyrunning inspector allowing to be run on certain railroad tracks a hotfreight boxor detectorwork everytrain 20that milesis alongmore certaino:than [8,500] 7,500 feet long .
(1)[; railroad tracks in this State;
and (2) cut,placing separatea stationary rail car or movetrain awithin train,1,500 rollingfeet stockof ora otherrailroad on-trackgrade equipmentcrossing.] thatSection has2 comealso torequires a completeClass stopI andor isClass blockingII a railroad grade[company crossing,owning ifor] anevery authorized[10] emergency20 vehiclemiles isalong approachingcertain therailroad crossing,tracks within certainthis exceptions.State;
Sectionand 3(2) ofcut, thisseparate billor prohibitsmove aaor Classtrain, Irolling stock or -other *AB446_R1*on-track –equipment 2that –has material,come debristo anda othercomplete objectsstop thatand couldis poseblocking a safetyrailroad hazardgrade tocrossing, employeesif oftainan theauthorized railroademergency withinvehicle ais certainapproaching areathe surroundingcrossing, railroadwith tracks.certain exceptions.
Section 43 of this bill requiresprohibits a Class I or Class II railroadsrailroad that[company operateowning aor] railroadoperating yard[any whererailroad] railin carsthis State from placing or locomotivescausing areto frequentlybe switched,placed repairedcertain ormaterial, inspecteddebris atand nightother orobjects wherethat trainscould arepose frequentlya assembledsafety orhazard disassembledto atemployees nightof to:the railroad within a certain area surrounding railroad tracks.
Section 4 of this bill requires [certain] Class I or Class II railroads that operate a railroad yard where rail cars or locomotives are frequently switched, repaired or inspected at night or Assembly Amendment No.
320 to Assembly Bill No.
446 Page 4 where trains are frequently assembled or disassembled at night to:
and (2) [promptly] repair or replace malfunctioning lighting equipment within 48 hours after receiving a report of a malfunction of the equipment.
Section 4 establishes certain minimum standards for lighting equipment installed in a railroad yard where rail cars or locomotives carrying hazardous materials are frequentlylroadfrequently switched, repaired or inspected at night or where certain trains carryingadditionally requires [certain] Class I or Class II railroads and the union representatives of the employees of each railroad yard of such materialsrailroads areto frequentlyannually assembledcompile orand disassembledtransmit atto night.the Public Utilities Commission of Nevada certain reports relating to the maintenance and operation of the lighting equipment installed in the railroad yards operated by the railroad.
Section 45 additionally requires Class I or Class II railroads and the union representatives of thethis employeesbill ofrequires eacha railroad yardcompany ofowning suchor railroadsoperating toany annuallyrailroad compilein andthis transmitState to theauthorize Publica Utilitiesrepresentative Commission of Nevadaa certainunion reportsthat relatingrepresents to the maintenanceemployees and operation of the lightingrailroad equipmentto installedmonitor in the railroadsafety yardspractices operatedof by the railroad.
Section 5 of this bill requires a railroad company owning or operating any employees of the railroad to monitor the safety practices of the railroad.
Sectionoperating 6[any ofrailroad] in this billState requiresto eachprovide Classa Ibond orto Classthe IICommission railroadin operatingan inamount thisof not less than $5,000,000 to ensure the compliance of the railroad with the provisions of sections 2-5.0,0002-5. Section 6 also provides that a railroad that violates the provisions of sections 2-5 is subject to certain civil penalties.
Section 6 also provides that a railroad that violates the provisions of sections 2-5 is subject to certain civil penalties.
Existing law subjects each contract motor carrier to certain regulations and requirementsrequirements. for railroad contract carriers, which are contract motor carriers that specifically transport, for compensation and within this State, employees of a railroad.
Section(Chapter 15706 limits,of withNRS) certainSections exceptions,9-20 theof numberthis ofbill hoursprescribe thatadditional arequirements for railroad contract carriercarriers, canwhich requireare orcontract allowmotor acarriers driverthat employedspecifically bytransport, thefor carriercompensation toand drivewithin orthis otherwiseState, beemployees onof dutya forrailroad. the carrier.
Section 15 requireslimits, awith railroadcertain contractexceptions, carrierthe tonumber requireof hours that eacha driverotherwise maintainsbe accurate time records on aduty dailyfor basis.the carrier.
Section 15 requires a railroad contract carrier to [ensure] require that each driver maintains accurate time records on a daily basis.
Section 16 prohibits a railroad contract carrier from employing a driver who has twice been convicted of certain traffic offenses within a 3-year period or has ever had his or her driving privileges suspended or revoked due to a conviction of certain traffic offenses.
Section 16leges16 also requires a railroad contract carrier to maintain for each driver employed by the carrier certain information relating to the driving ability and safety record of the driver.
- *AB446_R1* – 3 – Section 17 also requires a railroad contract carrier to test a driver involved in a crash involving certain injuries for alcohol and controlled substances as soon as practicable after the crash.
Section 17 requires a railroad contract carrier to transmit the results of any post-crash testing of a driver to the Authority.vehicle operated by the carrier.
Section 18 further requires a railroad contract carrier totort annually[develop] inspectadopt eacha transport vehicle operatedsafety byand maintenance policy, which must provide for the carrier.weekly inspection of parts and accessories of each transport vehicle.
Section 18 further requires aeach railroadtransport contract carrier to adopt a vehicle safety and maintenance policy, which must provide for the weekly inspection of vehicle operated by a railroad contract carrier to be equipped with certainransportcertain equipment and safety features.
Section 25 of this bill clarifies that the insurance requirements of section 19 apply only to railroad contract carriers andAssembly notAmendment toNo. other contract motor prescribed by the Authority.
Additionally,320 section 20 requires a railroad contract carrier to provideAssembly aBill bondNo. to the Authority in an amount of not less than $5,000,000 to ensure the compliance of the railroad contract carrier with the provisions of sections 8-20.
446 Page 5 and not to other contract motor carriers, which are still required to maintain the minimum contract carrier to provide a bond to the Authority in an amount of not less than $5,000,000 to ensure the compliance of the railroad contract carrier with the provisions of sections 8-20.
(NRS 706.156) Section 22 of this bill requires a railroad contract carrier to comply with the provisions of sections 8-20 in the same manner as the carrier is required to comply with other requirements and regulations applicable to contractiscontract motor carriers generally.
Section 23 of this bill clarifies that the requirements of sections 8-8-20 20 are inapplicable to vehicles leased to or owned by certain governmentalcertain entities.identifying information on each vehicle it operates.
SectionSections 249-14 ofdefine thiscertain billterms requiresrelating ato railroad contract carriercarriers toand displaysection certain8 identifyingestablishes informationthe onapplicability eachof vehiclethose itdefinitions. operates.
SectionsSection 9-1421 defineof certainthis termsbill relatingapplies todefinitions railroadin contractexisting carrierslaw and section 8 establishes the applicability relating to the regulation of motor carriers to sections 8-20.ons8-20. in existing law THE PEOPLE OF THE STATE 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:
Chapter 705 of NRS is hereby amended by adding thereto the provisions set forth as sections [2] 1.3 to 6, inclusive, of this act.
- *AB446_R1* – 4 – Sec.
A Class I or Class II railroad [company owning or] operating [any railroad] 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 [8,500] 7,500 feet long.
A Class I or Class II railroad [company owning or] operating [any railroad] within this State shall install and maintain a hot box detector not less than every [10] 20 miles along each main line in this State that is owned or operated by the railroad.railroad .
[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 [company] railroad for defects not less than once every 30 days.
Except[A forrailroad acompany train,owning rolling stock or otheroperating on-trackany 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 shall,shall uponnot theplace approacha ofstationary anrail authorizedcar emergency vehicle, cut, separate or causetrain toon bea movedportion anyof train,a rollingrailroad stock or other on-track equipment that hasis comewithin to1,500 afeet completeof stop and is blocking a railroad grade crossing.
4.4.] 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 Class I or Class II 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.] 4.
(a)Assembly “AuthorizedAmendment emergencyNo. vehicle” has the meaning ascribed to it in NRS 484A.020.
320 to Assembly Bill No.
446 Page 6 (a) “Authorized emergency vehicle” has the meaning ascribed to it in NRS 484A.020.
(c) “Hot box detector” means a device that utilizes infrared technology to measure the temperature of axles, bearings and the related equipment of a passing train, rolling stock or other on-on-track track equipment in order to detect potential defects or abnormal temperatures of the measured equipment.
A Class I or Class II railroad [company owning or] operating [any railroad] 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_R1* – 5 – (d) Vegetation exceeding a height of 4 inches;
(1)Assembly AAmendment planNo. developed by the railroad for bringing into compliance any railroad yard identified by the railroad pursuant to paragraph (a) in which the lighting equipment:
320 to Assembly Bill No.
446 Page 7 (1) A plan developed by the railroad for bringing into compliance any railroad yard identified by the railroad pursuant to paragraph (a) in which the lighting equipment:
(2) A declaration that the lighting equipment in each railroad yard operated by the railroad meets or exceeds the - *AB446_R1* – 6 – guidelines described in paragraph (c) and is operated in accordance with the objectives described in paragraph (d);
and - *AB446_R1* – 7 – (b) In a manner consistent with:
(a)Assembly ReviewAmendment allNo. reports submitted pursuant to subsections 1 and 4 and investigate any discrepancies between a report submitted pursuant to subsection 1 and subsection 4 with respect to a particular railroad yard.
320 to Assembly Bill No.
446 Page 8 (a) Review all reports submitted pursuant to subsections 1 and 4 and investigate any discrepancies between a report submitted pursuant to subsection 1 and subsection 4 with respect to a particular railroad yard.
Sec.[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.
(c) “Class II railroad” has the meaning ascribed to it in 40 C.F.R.
§ 1033.901.] Sec.
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.
If a train, rail car, locomotive or other equipment owned or operated by a railroad company, or operating on tracks owned or operated by the railroad company, is involved in a derailment, collision, split switch, run-away equipment event,Assembly anAmendment unintendedNo. separation of equipment event or any other incident occurring outside of normal railroad operations, the railroad company owning or operating the applicable train, rail car, locomotive or other equipment shall:
320 to Assembly Bill No.
446 Page 9 event, an unintended separation of equipment event or any other incident occurring outside of normal railroad operations, the railroad company owning or operating the applicable train, rail car, locomotive or other equipment shall:
The Public Utilities Commission of Nevada shall require each Class I or Class II railroad [company owning or] operating [any railroad] 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, 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 Class I or Class II railroad [company] that violates [the provisions] any provision 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;
6.Assembly Amendment No.
320 to Assembly Bill No.
446 Page 10 6.
- *AB446_R1* – 10 – Sec.
(b) The transportation assignment could have otherwise been completed within the drive time remaining for the driver in the 24-24-hour hour period, absent the emergency;
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.
4.Assembly Amendment No.
320 to Assembly Bill No.
446 Page 11 4.
- *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.
(a)Assembly AAmendment copyNo. of a medical examiner’s certificate issued to the driver within the last 2 years by a medical examiner licensed in this State which states that the driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R.
320 to Assembly Bill No.
446 Page 12 (a) A copy of a medical examiner’s certificate issued to the driver within the last 2 years by a medical examiner licensed in this State which states that the driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R.
(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.
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.
4.Assembly Amendment No.
320 to Assembly Bill No.
446 Page 13 4.
- *AB446_R1* – 15 – (5) If the transport vehicle is expected to be driven through inclement weather conditions requiring specialized equipment, traction devices, studs or chains necessary to drive safely in such conditions.
(9)Assembly AAmendment windshield,No. windshield wipers, tail lamps and a headlamp that comply with the requirements of NRS 705.380.
320 to Assembly Bill No.
446 Page 14 (9) A windshield, windshield wipers, tail lamps and a headlamp that comply with the requirements of NRS 705.380.
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 of this State as a surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirementsAssembly ofAmendment sectionsNo. 8 to 20, inclusive, of this act.
320 to Assembly Bill No.
446 Page 15 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.
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.
[The] Except as otherwise provided in section 19 of this act, the Authority shall require every fully regulated carrier and every operator of a tow car, withinAssembly suchAmendment timeNo. and in such amounts as the Authority may designate, to file with the Authority in a form required and approved by the Authority a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety company, or other surety, in such reasonable sum as the Authority may deem necessary to protect adequately the interests of the public.
320 to Assembly Bill No.
446 Page 16 within such time and in such amounts as the Authority may designate, to file with the Authority in a form required and approved by the Authority a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety company, or other surety, in such reasonable sum as the Authority may deem necessary to protect adequately the interests of the public.
- *AB446_R1* – 19 – (1) Be open to public inspection;
The 30 days’ notice is not applicable when the carrier givesAssembly writtenAmendment noticeNo. to the Authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the Authority.
320 to Assembly Bill No.
446 Page 17 gives written notice to the Authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the Authority.
- *AB446_R1* – 20 – 6.
or - *AB446_R1* – 21 – 2.
or (b) Provision of NRS 706.011 to 706.791, inclusive, and sections 8 to 20, inclusive, of this act is being violated, Assembly theAmendment AuthorityNo. shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive [.] , and sections 8 to 20, inclusive, of this act.
320 to Assembly Bill No.
446 Page 18 the Authority shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, 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;
Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions ofAssembly NRSAmendment 706.421,No. operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:
320 to Assembly Bill No.
446 Page 19 of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:
- *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_R1*