Bill Text: IA HF233 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the construction and maintenance of walkways in rail yards and providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF233 Detail]
Download: Iowa-2011-HF233-Introduced.html
House
File
233
-
Introduced
HOUSE
FILE
233
BY
T.
TAYLOR
A
BILL
FOR
An
Act
relating
to
the
construction
and
maintenance
of
walkways
1
in
rail
yards
and
providing
a
penalty.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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233
Section
1.
NEW
SECTION
.
327F.1A
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Department”
means
the
department
of
transportation.
4
2.
“Director”
means
the
director
of
transportation.
5
Sec.
2.
NEW
SECTION
.
327F.37
Rail
yard
walkways.
6
1.
Scope.
This
section
applies
to
all
walkways
in
rail
7
yards
in
this
state.
This
section
does
not
apply
to
tracks
8
constructed
in
industry
yards
owned
by
an
entity
other
than
a
9
rail
carrier.
10
2.
Definitions.
For
purposes
of
this
section,
unless
the
11
context
otherwise
requires:
12
a.
“Frequently”
means
at
least
five
days
per
week,
one
shift
13
per
day.
14
b.
“Good
cause”
includes
but
is
not
limited
to
a
showing
15
that
compliance
will
impose
an
undue
hardship
on
the
rail
16
carrier.
17
3.
General
requirements
and
recommendations.
18
a.
(1)
Walkways
may
be
surfaced
with
asphalt,
concrete,
19
planking,
grating,
native
material,
crushed
material,
or
other
20
similar
material.
When
crushed
material
is
used,
one
hundred
21
percent
of
the
material
must
be
capable
of
passing
through
22
a
one
and
one-half
inch
square
sieve
opening,
and
not
less
23
than
ninety
percent
of
the
material
must
be
capable
of
passing
24
through
a
one-inch
square
sieve
opening;
provided
that
a
de
25
minimus
variation
shall
not
be
a
violation
of
this
section
26
in
an
instance
where
the
rail
carrier
has
made
a
good
faith
27
effort
to
comply
with
the
percentage
requirements
of
this
28
subparagraph.
29
(2)
Crushed
material
smaller
than
that
described
in
30
subparagraph
(1)
should
be
used
whenever
practicable,
31
especially
in
places
where
drainage
and
durability
issues
do
32
not
exist.
Material
that
is
three-fourths
inch
or
smaller
in
33
size
is
recommended
for
switching
lead
tracks.
34
b.
Walkways
shall
have
a
reasonably
uniform
surface
and
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233
be
maintained
in
a
safe
condition
without
compromising
track
1
drainage.
2
c.
Cross
slopes
for
walkways
shall
not
exceed
one
inch
of
3
elevation
for
each
eight
inches
of
horizontal
length
in
any
4
direction.
5
d.
Walkways
shall
be
at
least
two
feet
wide.
6
e.
Walkways
shall
be
kept
reasonably
free
of
spilled
fuel
7
oil,
sand,
posts,
vegetation,
nonballast
rocks,
and
other
8
hazards
or
obstructions.
9
4.
Standard.
A
rail
carrier
shall
provide
walkways
adjacent
10
to
those
portions
of
yard
tracks
where
rail
carrier
employees
11
frequently
work
on
the
ground
performing
switching
activities.
12
5.
Other
tracks.
13
a.
If
the
department
finds,
after
notice
and
hearing,
14
that
rail
carrier
employees
who
frequently
work
adjacent
15
to
a
portion
of
track
performing
switching
activities
are
16
exposed
to
safety
hazards
due
to
the
lack
of
a
walkway
or
17
due
to
the
condition
of
a
walkway
constructed
before
July
1,
18
2009,
the
department
may
order
a
rail
carrier
to
construct
a
19
walkway
adjacent
to
a
portion
of
track
where
employees
perform
20
switching
activities
or
require
a
rail
carrier
to
modify
an
21
existing
walkway
in
conformance
with
subsection
4
within
a
22
reasonable
period
of
time.
23
b.
For
purposes
of
this
subsection,
“frequently”
means
24
at
least
five
days
per
week,
one
shift
per
day,
or
any
other
25
period
the
department
deems
frequent
enough
to
warrant
an
order
26
pursuant
to
this
subsection.
27
6.
Compliance.
A
rail
carrier
is
excused
from
complying
28
with
this
section
during
maintenance
activities
and
during
29
any
period
of
heavy
rain
or
snow,
derailment,
rock
and
earth
30
slides,
washouts,
or
similar
weather
or
seismic
conditions,
and
31
for
a
reasonable
period
after
such
conditions
to
allow
a
return
32
to
compliance.
33
7.
Waivers.
A
rail
carrier
may
petition
the
department
for
34
a
waiver
of
any
provision
of
this
section
for
good
cause
shown.
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8.
Enforcement.
A
formal
complaint
of
an
alleged
violation
1
of
this
section
shall
not
be
filed
with
the
department
until
2
the
filing
party
has
attempted
to
address
the
allegations
with
3
the
rail
carrier.
A
complaint
of
an
alleged
violation
of
4
this
part
shall
contain
a
written
statement
that
the
filing
5
party
has
made
a
reasonable,
good
faith
attempt
to
address
the
6
alleged
violation
with
the
rail
carrier.
7
9.
Penalties.
A
rail
carrier
who
violates
this
section
8
commits
a
“schedule
one”
violation.
Each
day
a
violation
9
exists
shall
be
considered
a
separate
violation.
10
Sec.
3.
Section
327F.39,
subsection
1,
paragraphs
a
and
b,
11
Code
2011,
are
amended
by
striking
the
paragraphs.
12
EXPLANATION
13
This
bill
establishes
standards
and
requirements
for
the
14
construction
and
maintenance
of
walkways
in
rail
yards.
The
15
provisions
of
the
bill
apply
to
all
walkways
in
rail
yards
in
16
this
state,
but
do
not
apply
to
tracks
in
industry
yards
owned
17
by
an
entity
other
than
a
rail
carrier.
18
The
bill
specifies
that
walkways
may
be
surfaced
with
19
asphalt,
concrete,
planking,
grating,
native
material,
crushed
20
material,
or
other
similar
material.
If
crushed
material
is
21
used,
100
percent
of
the
material
must
be
able
to
pass
through
22
a
one
and
one-half
inch
sieve
opening,
and
at
least
90
percent
23
of
the
material
must
be
able
to
pass
through
a
one-inch
sieve
24
opening,
with
allowance
for
a
de
minimus
variation.
The
25
bill
contains
general
recommendations
for
the
use
of
crushed
26
material.
In
addition,
the
bill
requires
that
walkways
be
27
at
least
two
feet
wide,
with
cross
slopes
of
not
more
than
28
one
inch
of
elevation
for
each
eight
inches
of
length
in
any
29
direction.
Walkways
must
have
a
reasonably
uniform
surface,
30
be
maintained
in
safe
condition
without
compromising
track
31
drainage,
and
be
kept
reasonably
free
of
spilled
fuel
oil,
32
sand,
posts,
vegetation,
nonballast
rocks,
and
other
hazards
33
and
obstructions.
34
The
bill
establishes
a
standard
requirement
for
rail
35
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233
carriers
to
provide
walkways
adjacent
to
portions
of
yard
1
tracks
where
rail
carrier
employees
work
on
the
ground
2
performing
switching
activities
at
least
five
days
per
week,
3
one
shift
per
day.
However,
following
an
administrative
4
hearing,
the
department
of
transportation
may
order
a
rail
5
carrier
to
construct
a
walkway
or
conform
a
preexisting
walkway
6
to
the
new
standards
along
any
portion
of
track
where
the
lack
7
of
a
walkway
or
condition
of
a
walkway
poses
a
safety
hazard
8
to
employees
performing
switching
activities
for
any
period
of
9
time.
10
The
bill
excuses
a
rail
carrier
from
compliance
with
walkway
11
requirements
during
maintenance
activities
and
during
periods
12
of
heavy
rain
or
snow,
derailment,
rock
and
earth
slides,
13
washouts,
or
other
weather
or
seismic
conditions,
and
for
a
14
reasonable
period
following
such
an
occurrence.
15
The
department
of
transportation
may
grant
a
waiver
of
any
16
provision
of
the
bill
to
a
rail
carrier
upon
a
showing
of
good
17
cause,
including
but
not
limited
to
a
showing
that
compliance
18
will
impose
an
undue
hardship
on
the
rail
carrier.
19
A
party
who
alleges
a
violation
of
the
requirements
of
the
20
bill
may
not
file
a
formal
complaint
until
the
filing
party
has
21
made
a
good
faith
attempt
to
address
the
alleged
violation
with
22
the
rail
carrier.
A
violation
of
the
bill’s
provisions
is
a
23
“schedule
one”
violation,
punishable
by
a
$100
fine
for
each
24
day
a
violation
exists.
25
The
bill
makes
technical
changes
to
Code
chapter
327F
to
26
codify
definitions
applicable
to
the
bill
and
to
the
entire
27
Code
chapter.
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