CHAPTER 2. RAILROAD FULL CREW LAW
IC 8-9-2
Chapter 2. Railroad Full Crew Law
IC 8-9-2-1
Definitions
Sec. 1. When used in this chapter and for the purpose of this
chapter:
(a) The term "carrier" means a common carrier by railroad, and
any receiver or any other individual or body, judicial or otherwise,
when in possession of the business of a carrier or carriers covered by
this chapter, excluding street, suburban and interurban electric
railways, unless operated as a part of a general railroad system of
transportation, and excluding common carriers by railroad whose
main line track is twenty-five (25) miles or less in length.
(b) The term "locomotive" means any self-propelled unit operated
by any form of energy or power, whether produced thereon or
furnished from any outside source, and adapted for use in moving
cars upon rails or for the transportation of passengers and/or freight
or property, except locomotive cranes, pile-drivers, weed-burners,
and other self-propelled engines or machines not used for the
transportation of passengers and/or freight or property for hire.
(c) The term "light engine" means any locomotive operated
without cars and not transporting passengers, freight or property.
(d) The term "passenger train" means any self-propelled unit
while transporting passengers or any locomotive with one (1) or
more cars constructed for the purpose of transporting passengers,
baggage, mail, express or combination of either or any.
(e) The term "freight train" means any train composed of one (1)
or more locomotives with one (1) or more cars or other vehicles
constructed for the purpose of transporting freight or other property
not specifically referred to in the above definition of a passenger
train.
(f) The term "engineer" means a person who operates a
locomotive and performs related work.
(g) The term "fireman" means a person who fires a locomotive
and/or assists an engineer in the performance of his duties as such.
(h) The term "conductor" means a person having charge of the
operation of a train en route, at stations and between stations, and
who performs related work.
(i) The term "flagman" means a person whose duties are to furnish
flag protection to the train to which he is assigned as prescribed by
the rules of the carrier.
(j) The term "brakeman" means a person who assists a conductor
in the operation and protection of a train, and who performs related
work.
(k) The term "yard conductor" or "foreman" means a person
whose duties are to supervise and assist in the work of switching and
yard work train service, including supervision of the breaking up and
the making up of trains, and to perform related work.
(l) The term "yard brakeman" or "helper" means a person whose
duties are to couple, uncouple, and ride cars in connection with the
breaking up and making up of trains; to handle switches; and to
perform related work in connection with yard switching service.
(m) The term "main track" means any continuous track over
which trains operate through and between stations.
(n) The term "competent employee" means:
(1) One who is able to read and understand the time tables of
the carrier by whom he is employed, and to read ordinary hand
writing in the English language, and who is able to speak, hear
and understand the English language, and to see, distinguish
and understand the signals required by the book of rules of the
carrier governing the operation of the locomotives and trains of
such carrier. When defective sight can be remedied by the use
of glasses or other means, such defective sight shall not thereby
render an employee incompetent under this chapter.
(2) As applied to an engineer, one who, in addition to being
possessed of the qualifications prescribed in clause (1) of this
subdivision, shall have passed the regular examination
prescribed by the carrier concerning rules and regulations
governing the position of an engineer.
(3) As applied to a conductor, one who, in addition to being
possessed of the qualifications prescribed in clause (1) of this
subdivision, shall have passed the regular examination
prescribed by the carrier concerning rules and regulations
governing conductors.
(4) As applied to a flagman, one who, in addition to being
possessed of the qualifications prescribed in clause (1) of this
subdivision, shall have had at least six (6) month's experience
in train service and shall have passed the regular examination
prescribed by the carrier concerning the rules and regulations
governing brakemen.
(5) As applied to a fireman, a brakeman, or a yard brakeman or
helper, one who, in addition to being possessed of the
qualifications prescribed in clause (1) of this subdivision, shall
have passed the regular examination prescribed by the carrier
concerning the rules and regulations governing firemen,
brakemen, or yard brakemen or helpers.
(6) As applied to a yard conductor or foreman, one who, in
addition to being possessed of the qualifications prescribed in
clause (1) of this subdivision, shall have passed a regular
examination prescribed by the carrier concerning rules and
regulations governing yard conductors or foremen.
(Formerly: Acts 1937, c.58, s.1.) As amended by Acts 1978, P.L.57,
SEC.1.
IC 8-9-2-2
Full crew law; passenger trains
Sec. 2. It shall be unlawful for any carrier to operate, or permit to
be operated, any passenger train consisting of less than five (5) cars,
unless such trains shall be manned by a crew of competent
employees, which crew shall consist of not less than one (1)
engineer, one (1) fireman, one (1) conductor, and one (1) flagman,
except that any passenger train propelled by a gasoline or gas-electric
locomotive consisting of three (3) or less cars including the
locomotive, shall be manned by a crew of competent employees,
which crew shall consist of not less than one (1) engineer, one (1)
conductor and one (1) flagman. When any passenger train consists
of five (5) cars or more, any one (1) or more of which carries
passengers, or consisting of ten (10) or more cars none of which is
carrying passengers, such passenger train shall be manned by one (1)
brakeman, in addition to the crew prescribed for a passenger train of
less than five (5) cars. No member of the crew shall be permitted or
required to perform the duties of a baggage-man and/or express
messenger.
(Formerly: Acts 1937, c.58, s.2.)
IC 8-9-2-3
Full crew law; freight train of less than 70 cars
Sec. 3. It shall be unlawful for any carrier to operate, or permit to
be operated, any freight train consisting of less than seventy (70)
cars, without a crew of competent employees which crew shall
consist of not less than one (1) engineer, one (1) fireman, one (1)
conductor, one (1) flagman, and one (1) brakeman.
(Formerly: Acts 1937, c.58, s.3.)
IC 8-9-2-4
Full crew law; freight train of 70 cars or more
Sec. 4. It shall be unlawful for any carrier to operate, or permit to
be operated, any freight train consisting of seventy (70) cars or more,
without a crew of competent employees, which crew shall consist of
not less than one (1) engineer, one (1) fireman, one (1) conductor,
one (1) flagman, and two (2) brakemen.
(Formerly: Acts 1937, c.58, s.4.)
IC 8-9-2-5
Full crew law; general application
Sec. 5. It shall be unlawful for any carrier to operate, or permit to
be operated, any other train not specifically referred to hereinbefore,
without a crew of competent employees, which crew shall consist of
not less than one (1) engineer, one (1) fireman, one (1) conductor,
one (1) flagman and one (1) brakeman.
(Formerly: Acts 1937, c.58, s.5.)
IC 8-9-2-6
Full crew law; locomotive handling or switching cars
Sec. 6. It shall be unlawful for any carrier to use, operate or
permit any locomotive to be used or operated in any railroad yard, or
on any railroad track, to handle or switch cars, or to transfer cars
from one railroad to another, or from one railroad yard to another
railroad yard, unless each and every locomotive, while handling or
switching cars shall be manned by a crew of competent employees,
which crew shall consist of not less than one (1) engineer, one (1)
fireman, one (1) yard conductor or foreman, and two (2) yard
brakemen or helpers. No such employee shall be detailed to more
than one (1) locomotive at the same time, or be assigned to any other
service unless his place is filled by another competent employee, or
the locomotive laid up during the period such employees are
otherwise used, except that in case of the sudden disability of a
member of such crew through sickness, accident, or death, the carrier
shall have three (3) hours to replace such member, during which time
such locomotive may be operated by a less number of employees
than is provided herein.
(Formerly: Acts 1937, c.58, s.6.)
IC 8-9-2-7
Full crew law; single locomotive
Sec. 7. It shall be unlawful for any carrier to operate or permit to
be operated, on its main track, any single locomotive, unless such
locomotive is manned by a crew of competent employees, which
crew shall consist of not less than one (1) engineer, one (1) fireman,
one (1) conductor or flagman: Provided, however, That where two
(2) or more locomotives are operated under their own power on any
main track, and coupled together, there shall be provided a crew of
competent employees consisting of not less than one (1) engineer,
and one (1) fireman, for each locomotive, and, in addition thereto,
one (1) conductor or flagman.
(Formerly: Acts 1937, c.58, s.7.)
IC 8-9-2-8
Full crew law; self-propelled crane, pile-driver, weed-burner, or
other self-propelled engine or machine
Sec. 8. It shall be unlawful for any carrier to operate as a
locomotive or permit to be operated as a locomotive, on its main
track, in the state of Indiana, any self-propelled crane, pile-driver,
weed-burner, or other self-propelled engine or machine not used for
the transportation of passengers and/or freight or property for hire,
which has sufficient power to draw or propel itself and one (1) or
more standard railroad cars, unless such engine or machine shall be
manned by a crew of competent employees consisting of not less
than one (1) engineer, one (1) conductor and one (1) flagman.
(Formerly: Acts 1937, c.58, s.8.)
IC 8-9-2-9
Full crew law; disability of crew member between terminals
Sec. 9. In case of disability of a member of a crew between
terminals, the carrier shall have the right to operate the locomotive
or train with a less number of employees than is provided in this
chapter until such locomotive or train arrives at the next terminal, or
other intermediate place on the road, where employees of the same
class as the employee with the disability are available, when such
carrier shall fill the vacancy on such crew. This chapter shall not
apply to relief or wrecking trains where sufficient employees are not
available.
(Formerly: Acts 1937, c.58, s.9.) As amended by P.L.62-1984,
SEC.126; P.L.99-2007, SEC.33.
IC 8-9-2-10
Enforcement duties of department
Sec. 10. (a) The Indiana department of transportation shall enforce
this chapter. However, the department shall not enforce this chapter
with reference to the number of crew members as provided in
sections 3 through 8 of this chapter when trains, locomotives, or
other equipment are operated in Indiana with a crew complement as
provided for in collective bargaining agreements between the carriers
and labor organization, if it determines, after notice and hearing, that
such crew complement as provided for in such collective bargaining
agreement is adequate for safety of operation, and that the carrier or
carriers involved shall comply with sections 3 through 8 of this
chapter in effect on July 28, 1972, to the extent necessary to provide
continued employment at the governing terminal for employees with
a seniority date on or before July 28, 1972, and who may be affected
by this section and for whom no other employment is available in
freight train or switching service.
(b) Nothing in this section shall serve to reduce or regulate the
exercise of seniority, vacation rights, or other fringe benefits under
agreements in existence before July 28, 1972.
(c) This section is applicable on all carriers subject to this chapter,
except those carriers which have collectively bargained crew consist
agreements for the protection of employees who may be affected by
this section, in which event the provisions of those collectively
bargained agreements shall be applied as interpreted and understood
to those employees, and such provisions remain in effect until the
protected employees have retired, resigned, or have been dismissed
for cause or otherwise removed from an individual carrier's active
working list by natural attrition. Affected employees include those
on furlough or leave of absence on July 28, 1972.
(Formerly: Acts 1937, c.58, s.10; Acts 1972, P.L.65, SEC.1.) As
amended by P.L.62-1984, SEC.127; P.L.384-1987(ss), SEC.89;
P.L.18-1990, SEC.98.
IC 8-9-2-11
Violation; penalty; action to recover; venue
Sec. 11. Any carrier operating in Indiana who willfully violates
this chapter is liable to the state for a penalty of not less than one
hundred dollars ($100) nor more than five hundred dollars ($500) for
each violation. The penalty shall be recovered and suits therefor
brought by the attorney general, or under the attorney general's
direction, 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 may be run or operated.
(Formerly: Acts 1937, c.58, s.11.) As amended by P.L.62-1984,
SEC.128; P.L.384-1987(ss), SEC.90; P.L.18-1990, SEC.99.