705.210 - Employees’ hours of employment limited; penalties.
705.210 Employees’ hours of employment limited; penalties.
1. As used in this section:
(a) “Employees” means persons actually engaged in or connected with the movement of any train.
(b) “Railroad” includes all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract agreement or lease.
2. The provisions of this section apply to any common carrier or carriers, their officers, agents and employees engaged in the transportation of passengers or property by railroad in the State of Nevada.
3. It is unlawful for any common carrier, its officers or agents, subject to this section, to require or permit any employee subject to this section to be or remain on duty for a longer period than 16 consecutive hours, and whenever any such employee of such common carrier has been continuously on duty for 16 hours the employee must be relieved and not required or permitted again to go on duty until the employee has had at least 10 consecutive hours off duty. No such employee who has been on duty 16 hours in the aggregate in any 24-hour period must be required or permitted to continue or again go on duty without having had at least 8 consecutive hours off duty.
4. No employee who, by the use of the telegraph or telephone or other electrical device, dispatches, reports, transmits, receives or delivers orders or who from towers, offices, places and stations operates signals or switches or similar mechanical devices controlling, pertaining to, or affecting the movement of trains of more than two cars must be required or permitted to be or remain on duty in any 24-hour period for a longer period than 8 hours, which must be wholly within the limits of a continuous shift and upon the completion of that period the employee must not be required or permitted again to go on duty until the expiration of 16 hours. This subsection does not apply to employees who, in case of emergency, use the telephone to obtain orders or information governing the movement of trains. In case of emergency, such employees may be permitted to be and remain on duty for 4 additional hours in a 24-hour period of not exceeding 3 days in any week.
5. Any common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be or remain on duty in violation of subsections 3 and 4 shall be punished by a fine of not more than $500.
6. In all prosecutions under this section the common carrier shall be deemed to have had knowledge of all acts of its officers and agents.
7. The provisions of this section do not apply:
(a) In any case of casualty or unavoidable accident or the act of God.
(b) Where the delay was the result of a cause not known to the carrier or its officers or agents in charge of such employee at the time the employee left the terminal and which could not have been foreseen.
(c) To the crews of wrecking or relief trains.
(d) To railroads not maintaining a regular night train schedule.
8. The Public Utilities Commission of Nevada shall:
(a) Execute and enforce the provisions of this section, and all powers granted by law to the Public Utilities Commission of Nevada are hereby extended to it in the execution of this section.
(b) Lodge with the proper district attorneys information of any violations of this section which may come to its knowledge.
[1:283:1913; 1919 RL p. 2979; NCL § 6334] + [2:283:1913; 1919 RL p. 2979; NCL § 6335] + [3:283:1913; 1919 RL p. 2980; NCL § 6336] + [4:283:1913; 1919 RL p. 2980; NCL § 6337]—(NRS A 1967, 658; 1997, 1921)