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IC 8-9-12-1
Applicability of chapter
Sec. 1. This chapter does not apply to a Class II or Class III
railroad as established by the Interstate Commerce Commission.
As added by P.L.21-2001, SEC.1.
IC 8-9-12-2
"Operating crew member"
Sec. 2. (a) As used in this chapter, "operating crew member"
means a railroad employee who is able to:
(1) read and understand the timetables of the carrier that
employs the railroad employee;
(2) read ordinary handwriting in the English language;
(3) speak, hear, and understand the English language; and
(4) see, distinguish, and understand the signals required by the
book of rules of the carrier governing the operation of the
locomotives and trains of the carrier.
(b) In addition to satisfying the requirements of subsection (a), the
following railroad employees must pass the regular examination
prescribed by the carrier concerning the rules and regulations
governing their particular position:
(1) Engineers.
(2) Conductors.
(3) Flagmen.
(4) Firemen, brakemen, or yard brakemen or helpers.
(5) Yard conductors or foremen.
As added by P.L.21-2001, SEC.1. Amended by P.L.50-2011, SEC.3.
IC 8-9-12-3
"Railroad"
Sec. 3. As used in this chapter, "railroad" has the meaning set
forth in IC 8-3-1-2. However, the term does not include a Class II or
Class III railroad as established by the Interstate Commerce
Commission.
As added by P.L.21-2001, SEC.1.
IC 8-9-12-4
Counseling or trauma program
Sec. 4. (a) A railroad company operating in Indiana shall establish
a counseling or trauma program and provide or make available
counseling or critical incident stress debriefing services to each
operating crew member of a train that is:
(1) operated by the railroad company in passenger, freight, or
yard service; and
(2) involved in an accident that results in death or serious
bodily injury.
(b) A railroad company operating in Indiana shall file a
description of the railroad company's counseling or trauma program
required under subsection (a) with the Indiana department of
transportation, whose sole responsibility under this section is to
receive the descriptions and make the descriptions available to the
public in accordance with IC 5-14-3.
(c) Before a railroad company implements one (1) or more
changes to the railroad company's counseling or trauma program
required under subsection (a), the railroad company must file with
the Indiana department of transportation a revised description of the
program that includes the changes.
As added by P.L.21-2001, SEC.1.
IC 8-9-12-5
Civil penalties
Sec. 5. (a) A railroad that violates this chapter is liable to the state
for a penalty of not:
(1) less than one hundred dollars ($100); or
(2) more than five hundred dollars ($500);
for each violation.
(b) A suit to recover the penalty set forth in subsection (a) may be
brought by the attorney general in the name of the state on relation
of the Indiana department of transportation in the circuit or superior
court of a county through which the railroad runs or is operated.
As added by P.L.128-2003, SEC.3.