Section 4999.09 | Two-person crew.
(A) The requirements set forth in division (B) of this section are solely related to safety, including ensuring that no train or light engine used in connection with the movement of freight in this state is left without a functional crew person as a result of a medical emergency.
(B) A train or light engine used in connection with the movement of freight shall have a crew that consists of at least two individuals. No superintendent, trainmaster, or other employee of a railroad shall order or otherwise require a train or light engine used in connection with the movement of freight to be operated unless it has a crew that consists of at least two individuals.
As used in this division, "train or light engine used in connection with the movement of freight" does not include hostler service or utility employees.
(C)(1) The public utilities commission may assess a civil penalty against a person who willfully violates division (B) of this section. If the commission assesses a civil penalty, the commission shall do so as follows:
(a) If, within three years of the violation, the commission has not previously assessed a civil penalty against the person under this section, in an amount not less than two hundred fifty, but not more than one thousand dollars;
(b) If, within three years of the violation, the commission has previously assessed one civil penalty against the person under this section, in an amount not less than one thousand, but not more than five thousand dollars;
(c) If, within three years of the violation, the commission has previously assessed two or more civil penalties against the person under this section, in an amount not less than five thousand, but not more than ten thousand dollars.
(2) The attorney general, upon the request of the public utilities commission, shall bring a civil action to collect the penalties described in division (C)(1) of this section. All penalties collected under the division shall be deposited into the state treasury to the credit of the public utilities fund created in section 4905.10 of the Revised Code.
(D) The requirements of this section do not apply on and after the date a federal law or regulation takes effect requiring a train or light engine used in connection with the movement of freight in this state to have a crew of at least two individuals.
Last updated May 3, 2023 at 1:08 PM
Available Versions of this Section
- June 30, 2023 – Enacted by House Bill 23 - 135th General Assembly [ View June 30, 2023 Version ]