HB 540 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in railroads, providing for crew requirement; and imposing penalties.

PRINTER'S NO.   536

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 540
                                                 Session of
                                                   2025

     INTRODUCED BY SCHMITT, DELLOSO, M. MACKENZIE, GILLEN AND
        NEILSON, FEBRUARY 10, 2025

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, FEBRUARY 10, 2025


                                      AN ACT
 1   Amending Title 66 (Public Utilities) of the Pennsylvania
 2      Consolidated Statutes, in railroads, providing for crew
 3      requirement; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Title 66 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 2710.    Crew requirement.
 9      (a)    General rule.--Except as provided in subsection (b), a
10   freight train in this Commonwealth shall be operated with a crew
11   of at least two individuals, one of whom must be a conductor and
12   one of whom must be a locomotive engineer.
13      (b)    Exceptions.--Subsection (a) does not apply to any of the
14   following:
15             (1)   A freight train operated within a repair, mechanical
16      or servicing facility and yard connected to the facility.
17             (2)   Any other freight train described by the commission
18      in accordance with subsection (c).
 1      (c)   Consistency with Federal law and regulations.--The
 2   commission may promulgate rules and regulations providing an
 3   additional exception to subsection (a), if the exception is
 4   required by Federal law or regulation and the commission's rule
 5   or regulation is consistent with the Federal law or regulation.
 6      (d)   Penalties.--A railroad that violates subsection (a)
 7   shall be assessed a civil penalty in the following amounts:
 8            (1)   A fine of not less than $5,000 nor more than $10,000
 9      for a first offense.
10            (2)   A fine of not less than $10,000 nor more than
11      $15,000 for a second offense committed within three years of
12      the first offense.
13            (3)   A fine of not less than $15,000 nor more than
14      $20,000 for a third offense and subsequent offenses committed
15      within three years of the first offense.
16      (e)   Deposit of penalties.--Notwithstanding section 3315
17   (relating to disposition of fines and penalties), a penalty
18   collected under this section shall be deposited into the General
19   Fund, deemed an augmentation to any appropriation to the
20   commission and used to administer and enforce this chapter.
21      (f)   Definitions.--As used in this section, the following
22   words and phrases shall have the meanings given to them in this
23   subsection unless the context clearly indicates otherwise:
24      "Freight locomotive."    A railroad locomotive used exclusively
25   for the conveyance of property.
26      "Freight train."    One or more freight locomotives coupled to
27   rail cars.
28      Section 2.    This act shall take effect in 60 days.




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