§ 327F.39 — Transportation of railroad employees and equipment

Iowa § 327F.39

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 327F: CONSTRUCTION AND OPERATION OF RAILWAYS

Text

1. Definitions. As used in this section, unless the context otherwise requires:
a. “Administrator” means the department’s administrator for modal programs, or the
director’s designee.
b. “Department” means the state department of transportation.
c. “Director” means the director of transportation.
d. “Driver” means a person who operates a motor vehicle for the transportation of
railroad workers in the motor vehicle on behalf of a railroad worker transportation company,
whether the person is employed by the company for wages or drives for the company as an
independent contractor.
e. “Motor vehicle” means a vehicle which is self-propelled and designed primarily for
highway use, and which may or may not be equipped with retractably flanged wheels for
operation on railroad tracks.
f. “Owner” means a person having the lawful use or control of a motor vehicle as holder
of the legal title of the motor vehicle or under contract or lease or otherwise.
g. “Place of employment” means that location where one or more workers are actually
performing the labor incident to their employment.
h. “Railroad worker transportation company” means a person, other than a railroad
corporation, organized for the purpose of or engaged in the business of transporting, for
hire, railroad workers to or from their places of employment or in the course of their
employment in motor vehicles designed to carry seven or more persons but fewer than
sixteen persons including the driver.
i. “Worker” means an individual employed for any period in work for which the individual
is compensated, whether full-time or part-time.
2. Compliance with regulations. Motor vehicles, as defined in section 321.1, which are
subject to registration and which are provided by a railroad company and used to transport
railroad workers to and from their places of employment or during the course of their
employment shall:
a. Meet all state and federal regulations pertaining to safe construction and maintenance
of motor vehicles, including their coupling devices, lighting devices and reflectors, motor
exhaustsystems, rear-visionmirrors, serviceandparkingbrakes, steeringmechanisms, tires,
warning and signaling devices, and windshield wipers.
5 CONSTRUCTION AND OPERATION OF RAILWAYS, §327F.39
b. Meet all state and federal requirements for safety devices, first-aid kits, and sidewalls,
canopies, tailgates, or other means of retaining freight safely.
c. Be operated in compliance with all state and federal regulations pertaining to driving,
loading, carrying freight and employees, road warning devices, and the transportation of
flammable material.
3. Motor vehicle maintained in safe manner. A motor vehicle provided by a railroad
company and used to transport one or more workers to and from their places of employment
or during the course of their employment shall be maintained in a safe manner at all times,
whether or not used upon a public highway.
4. Heating system. The director shall adopt rules requiring a motor vehicle, as defined
in section 321.1, which is subject to registration and which is provided by a railroad company
and used to transport railroad workers to and from their places of employment or during the
courseoftheiremploymenttobeprovidedwithasafeheatingsystemtomaintainareasonable
comfort level in those spaces of the vehicle where the workers are required to ride.
5. Rest periods for drivers.
a. A railroad worker transportation company shall not require a driver to operate a motor
vehicle in violation of section 321.449A. A railroad worker transportation company may
require a period of uninterrupted rest for a driver at any time. The period of uninterrupted
restshallnotbelessthaneighthours. Arailroadworkertransportationcompanyshallclearly
communicate to a driver when a period of uninterrupted rest is to begin.
b. A railroad company shall not require a driver to operate a motor vehicle in violation of
section 321.449A or this subsection.
c. For purposes of this subsection, “uninterrupted rest” and “on duty” mean the same as
defined in section 321.449A.
6. Rule violations. When the administrator finds that a motor vehicle used to transport
workers to and from their places of employment or during the course of their employment
violates a rule adopted under this section, the administrator shall make, enter, and serve
upon the owner of the motor vehicle an order as necessary to protect the safety of workers
transported in the motor vehicle. The administrator may direct in the order, as a condition to
the continued use of the motor vehicle for transporting workers to and from their places of
employmentorduringthecourseoftheiremployment,thatadditions,repairs,improvements,
orchangesbemadeandthatsafetydevicesandsafeguardsbefurnishedandusedasrequired
to satisfy the rules in the manner and within the time specified in the order. The order may
also require that any driver of the motor vehicle satisfy the minimum standards for a driver
under the rules.
7. Penalty.
a. Violation by the owner of a motor vehicle of this section, a rule adopted under this
section, or an order issued under subsection 6, or willful failure to comply with such an order
is, upon conviction, subject to a schedule “one” penalty as provided under section 327C.5.
b. A violation of subsection 5 or rules adopted pursuant to subsection 5 by a railroad
worker transportation company or a railroad company is punishable as a schedule “one”
penalty under section 327C.5.