A BILL TO BE ENTITLED
AN ACT to prohibit a train or light engine used in connection with the movement of freight from being operated in this State unless it has a certain number of crew members.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 15 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑199.  Train crew staffing.
(a)	No railroad train or light engine used in a Class One railroad, as defined by the Federal Surface Transportation Board, in connection with the movement of freight shall be operated in the State unless the train has a crew of at least two persons.
(b)	Any person who willfully violates any requirement of this section shall be guilty of a Class 1 misdemeanor and assessed a fine as follows:
(1)	For the first offense, a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000).
(2)	For a second offense committed within three years of the first offense, a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).
(3)	For a third and subsequent offense committed within a three‑year period, a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).
(c)	This section does not apply to:
(1)	A person who moves locomotives unattached to railcars within a rail yard;
(2)	An employee who is temporarily assigned to work with train or yard crews consistent with 49 C.F.R. § 218.22.
(d)	As used in this section, "light engine" means a locomotive that has no cars attached."
SECTION 2.  This act becomes effective January 1, 2020.