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 thischapter:
(a) The term "carrier" means a common carrier by railroad, andany receiver or any other individual or body, judicial or otherwise,when in possession of the business of a carrier or carriers covered bythis chapter, excluding street, suburban and interurban electricrailways, unless operated as a part of a general railroad system oftransportation, and excluding common carriers by railroad whosemain line track is twenty-five (25) miles or less in length.
(b) The term "locomotive" means any self-propelled unit operatedby any form of energy or power, whether produced thereon orfurnished from any outside source, and adapted for use in movingcars upon rails or for the transportation of passengers and/or freightor property, except locomotive cranes, pile-drivers, weed-burners,and other self-propelled engines or machines not used for thetransportation of passengers and/or freight or property for hire.
(c) The term "light engine" means any locomotive operatedwithout cars and not transporting passengers, freight or property.
(d) The term "passenger train" means any self-propelled unitwhile transporting passengers or any locomotive with one (1) ormore 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 vehiclesconstructed for the purpose of transporting freight or other propertynot specifically referred to in the above definition of a passengertrain.
(f) The term "engineer" means a person who operates alocomotive and performs related work.
(g) The term "fireman" means a person who fires a locomotiveand/or assists an engineer in the performance of his duties as such.
(h) The term "conductor" means a person having charge of theoperation of a train en route, at stations and between stations, andwho performs related work.
(i) The term "flagman" means a person whose duties are to furnishflag protection to the train to which he is assigned as prescribed bythe rules of the carrier.
(j) The term "brakeman" means a person who assists a conductorin the operation and protection of a train, and who performs relatedwork.
(k) The term "yard conductor" or "foreman" means a personwhose duties are to supervise and assist in the work of switching andyard work train service, including supervision of the breaking up andthe 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 thebreaking up and making up of trains; to handle switches; and toperform related work in connection with yard switching service.
(m) The term "main track" means any continuous track overwhich trains operate through and between stations.
(n) The term "competent employee" means:
(1) One who is able to read and understand the time tables ofthe carrier by whom he is employed, and to read ordinary handwriting in the English language, and who is able to speak, hearand understand the English language, and to see, distinguishand understand the signals required by the book of rules of thecarrier governing the operation of the locomotives and trains ofsuch carrier. When defective sight can be remedied by the useof glasses or other means, such defective sight shall not therebyrender an employee incompetent under this chapter.
(2) As applied to an engineer, one who, in addition to beingpossessed of the qualifications prescribed in clause (1) of thissubdivision, shall have passed the regular examinationprescribed by the carrier concerning rules and regulationsgoverning the position of an engineer.
(3) As applied to a conductor, one who, in addition to beingpossessed of the qualifications prescribed in clause (1) of thissubdivision, shall have passed the regular examinationprescribed by the carrier concerning rules and regulationsgoverning conductors.
(4) As applied to a flagman, one who, in addition to beingpossessed of the qualifications prescribed in clause (1) of thissubdivision, shall have had at least six (6) month's experiencein train service and shall have passed the regular examinationprescribed by the carrier concerning the rules and regulationsgoverning brakemen.
(5) As applied to a fireman, a brakeman, or a yard brakeman orhelper, one who, in addition to being possessed of thequalifications prescribed in clause (1) of this subdivision, shallhave passed the regular examination prescribed by the carrierconcerning the rules and regulations governing firemen,brakemen, or yard brakemen or helpers.
(6) As applied to a yard conductor or foreman, one who, inaddition to being possessed of the qualifications prescribed inclause (1) of this subdivision, shall have passed a regularexamination prescribed by the carrier concerning rules andregulations 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 tobe 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-electriclocomotive consisting of three (3) or less cars including thelocomotive, 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 consistsof five (5) cars or more, any one (1) or more of which carriespassengers, or consisting of ten (10) or more cars none of which iscarrying passengers, such passenger train shall be manned by one (1)brakeman, in addition to the crew prescribed for a passenger train ofless than five (5) cars. No member of the crew shall be permitted orrequired to perform the duties of a baggage-man and/or expressmessenger.
(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 tobe operated, any freight train consisting of less than seventy (70)cars, without a crew of competent employees which crew shallconsist 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 tobe operated, any freight train consisting of seventy (70) cars or more,without a crew of competent employees, which crew shall consist ofnot 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 tobe operated, any other train not specifically referred to hereinbefore,without a crew of competent employees, which crew shall consist ofnot 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 orpermit any locomotive to be used or operated in any railroad yard, oron any railroad track, to handle or switch cars, or to transfer carsfrom one railroad to another, or from one railroad yard to anotherrailroad 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) yardbrakemen or helpers. No such employee shall be detailed to morethan one (1) locomotive at the same time, or be assigned to any otherservice unless his place is filled by another competent employee, orthe locomotive laid up during the period such employees areotherwise used, except that in case of the sudden disability of amember of such crew through sickness, accident, or death, the carriershall have three (3) hours to replace such member, during which timesuch locomotive may be operated by a less number of employeesthan 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 tobe operated, on its main track, any single locomotive, unless suchlocomotive is manned by a crew of competent employees, whichcrew 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 anymain track, and coupled together, there shall be provided a crew ofcompetent 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, orother self-propelled engine or machine
Sec. 8. It shall be unlawful for any carrier to operate as alocomotive or permit to be operated as a locomotive, on its maintrack, in the state of Indiana, any self-propelled crane, pile-driver,weed-burner, or other self-propelled engine or machine not used forthe transportation of passengers and/or freight or property for hire,which has sufficient power to draw or propel itself and one (1) ormore standard railroad cars, unless such engine or machine shall bemanned by a crew of competent employees consisting of not lessthan 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 betweenterminals, the carrier shall have the right to operate the locomotiveor train with a less number of employees than is provided in thischapter until such locomotive or train arrives at the next terminal, orother intermediate place on the road, where employees of the sameclass as the employee with the disability are available, when such
carrier shall fill the vacancy on such crew. This chapter shall notapply to relief or wrecking trains where sufficient employees are notavailable.
(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 enforcethis chapter. However, the department shall not enforce this chapterwith reference to the number of crew members as provided insections 3 through 8 of this chapter when trains, locomotives, orother equipment are operated in Indiana with a crew complement asprovided for in collective bargaining agreements between the carriersand labor organization, if it determines, after notice and hearing, thatsuch crew complement as provided for in such collective bargainingagreement is adequate for safety of operation, and that the carrier orcarriers involved shall comply with sections 3 through 8 of thischapter in effect on July 28, 1972, to the extent necessary to providecontinued employment at the governing terminal for employees witha seniority date on or before July 28, 1972, and who may be affectedby this section and for whom no other employment is available infreight train or switching service.
(b) Nothing in this section shall serve to reduce or regulate theexercise of seniority, vacation rights, or other fringe benefits underagreements 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 consistagreements for the protection of employees who may be affected bythis section, in which event the provisions of those collectivelybargained agreements shall be applied as interpreted and understoodto those employees, and such provisions remain in effect until theprotected employees have retired, resigned, or have been dismissedfor cause or otherwise removed from an individual carrier's activeworking list by natural attrition. Affected employees include thoseon furlough or leave of absence on July 28, 1972.
(Formerly: Acts 1937, c.58, s.10; Acts 1972, P.L.65, SEC.1.) Asamended 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 violatesthis chapter is liable to the state for a penalty of not less than onehundred dollars ($100) nor more than five hundred dollars ($500) foreach violation. The penalty shall be recovered and suits thereforbrought by the attorney general, or under the attorney general'sdirection, in the name of the state on relation of the Indianadepartment of transportation in the circuit or superior court of acounty 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.