IC 8-9-5
    Chapter 5. Railroad Conductor's and Engineer's Qualifications

IC 8-9-5-1
Engineers; violation; exception
    
Sec. 1. A person who operates a locomotive engine, upon anyrailroad in Indiana more than twenty-five (25) miles in length,without having worked or served for the preceding six (6) months asa fireman or engineer on a locomotive engine, commits a Class Cinfraction. Each day he so operates such an engine constitutes aseparate offense. A person who for part of the six (6) months hasworked or served as a fireman on a locomotive engine and for theremainder of the period has worked or served as an engineer on sucha locomotive engine is considered to have the qualifications requiredby this chapter to operate a locomotive engine.
(Formerly: Acts 1913, c.43, s.1; Acts 1974, P.L.30, SEC.1.) Asamended by Acts 1978, P.L.2, SEC.836.

IC 8-9-5-2
Violation; brakemen or conductors; penalty; exception
    
Sec. 2. If any person shall act or serve as a conductor on a railroadtrain upon any railroad in the state of Indiana which is more thantwenty-five (25) miles in length without, for one (1) year priorthereto, having worked or served as a brakeman or conductor on arailroad train, he commits a Class C infraction, and each day he soacts or serves shall constitute a separate offense: Provided, That anyperson who for part of said period of one (1) year has worked orserved as a brakeman on a railroad train and for the remainder ofsuch period has worked or served as a conductor on such a train shallbe deemed to possess the qualifications required by this chapter toserve or act as such a conductor.
(Formerly: Acts 1913, c.43, s.2.) As amended by Acts 1978, P.L.57,SEC.2.

IC 8-9-5-3
Repealed
    
(Repealed by Acts 1978, P.L.2, SEC.867.)

IC 8-9-5-4
Repealed
    
(Repealed by Acts 1978, P.L.2, SEC.867.)

IC 8-9-5-5

Exempt operations; negligence of employees; tort liability
    
Sec. 5. Nothing in this chapter shall be construed as applying tothe running or operating of engines in taking engines to or fromtrains at division terminals by engine hostlers, or the shifting of carsor making up trains, or doing any work appurtenant thereto to anyengine-houses, train or freight yards by switchman or yardman, or inthe case of the disability of a qualified engineer or conductor while

out on the road between division terminals, or in case of strike,where such companies can not obtain employees mentioned in thischapter who have the qualifications prescribed by the provisionsthereof, than such companies may employ temporary firemen,engineers and conductors who have not the qualifications prescribedby this chapter, but no such employment shall continue longer thansuch companies can supply their respective places with employeeswho have the qualifications prescribed by this chapter. And, providedfurther, That nothing herein contained shall relieve any suchcompanies from the negligence of any of its employees.
(Formerly: Acts 1913, c.43, s.5; Acts 1975, P.L.34, SEC.4.)

IC 8-9-5-6
Scope of chapter
    
Sec. 6. The provisions of this chapter shall apply to any person,firm, corporation, lessee, or receiver who or which operates in thestate of Indiana a steam railroad more than twenty-five (25) miles inlength.
(Formerly: Acts 1913, c.43, s.6.) As amended by P.L.62-1984,SEC.131.

IC 8-9-5-7
Enforcement by department
    
Sec. 7. The Indiana department of transportation shall enforce thischapter.
(Formerly: Acts 1913, c.43, s.7.) As amended by P.L.62-1984,SEC.132; P.L.384-1987(ss), SEC.91; P.L.18-1990, SEC.100.