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 any
railroad in Indiana more than twenty-five (25) miles in length,
without having worked or served for the preceding six (6) months as
a fireman or engineer on a locomotive engine, commits a Class C
infraction. Each day he so operates such an engine constitutes a
separate offense. A person who for part of the six (6) months has
worked or served as a fireman on a locomotive engine and for the
remainder of the period has worked or served as an engineer on such
a locomotive engine is considered to have the qualifications required
by this chapter to operate a locomotive engine. (Formerly: Acts 1913, c.43, s.1; Acts 1974, P.L.30, SEC.1.) As
amended 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 railroad
train upon any railroad in the state of Indiana which is more than
twenty-five (25) miles in length without, for one (1) year prior
thereto, having worked or served as a brakeman or conductor on a
railroad train, he commits a Class C infraction, and each day he so
acts or serves shall constitute a separate offense: Provided, That any
person who for part of said period of one (1) year has worked or
served as a brakeman on a railroad train and for the remainder of
such period has worked or served as a conductor on such a train shall
be deemed to possess the qualifications required by this chapter to
serve 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Repealed
(Repealed by Acts 1978, P.L.2, SEC.867.)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Repealed
(Repealed by Acts 1978, P.L.2, SEC.867.)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 to
the running or operating of engines in taking engines to or from
trains at division terminals by engine hostlers, or the shifting of cars
or making up trains, or doing any work appurtenant thereto to any
engine-houses, train or freight yards by switchman or yardman, or in
the 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 this
chapter who have the qualifications prescribed by the provisions
thereof, than such companies may employ temporary firemen,
engineers and conductors who have not the qualifications prescribed
by this chapter, but no such employment shall continue longer than
such companies can supply their respective places with employees
who have the qualifications prescribed by this chapter. And, provided
further, That nothing herein contained shall relieve any such
companies 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 the
state of Indiana a steam railroad more than twenty-five (25) miles in
length. (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 this
chapter. (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.
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 any
railroad in Indiana more than twenty-five (25) miles in length,
without having worked or served for the preceding six (6) months as
a fireman or engineer on a locomotive engine, commits a Class C
infraction. Each day he so operates such an engine constitutes a
separate offense. A person who for part of the six (6) months has
worked or served as a fireman on a locomotive engine and for the
remainder of the period has worked or served as an engineer on such
a locomotive engine is considered to have the qualifications required
by this chapter to operate a locomotive engine. (Formerly: Acts 1913, c.43, s.1; Acts 1974, P.L.30, SEC.1.) As
amended 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 railroad
train upon any railroad in the state of Indiana which is more than
twenty-five (25) miles in length without, for one (1) year prior
thereto, having worked or served as a brakeman or conductor on a
railroad train, he commits a Class C infraction, and each day he so
acts or serves shall constitute a separate offense: Provided, That any
person who for part of said period of one (1) year has worked or
served as a brakeman on a railroad train and for the remainder of
such period has worked or served as a conductor on such a train shall
be deemed to possess the qualifications required by this chapter to
serve 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 to
the running or operating of engines in taking engines to or from
trains at division terminals by engine hostlers, or the shifting of cars
or making up trains, or doing any work appurtenant thereto to any
engine-houses, train or freight yards by switchman or yardman, or in
the 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 this
chapter who have the qualifications prescribed by the provisions
thereof, than such companies may employ temporary firemen,
engineers and conductors who have not the qualifications prescribed
by this chapter, but no such employment shall continue longer than
such companies can supply their respective places with employees
who have the qualifications prescribed by this chapter. And, provided
further, That nothing herein contained shall relieve any such
companies 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 the
state of Indiana a steam railroad more than twenty-five (25) miles in
length. (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 this
chapter. (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.
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 any
railroad in Indiana more than twenty-five (25) miles in length,
without having worked or served for the preceding six (6) months as
a fireman or engineer on a locomotive engine, commits a Class C
infraction. Each day he so operates such an engine constitutes a
separate offense. A person who for part of the six (6) months has
worked or served as a fireman on a locomotive engine and for the
remainder of the period has worked or served as an engineer on such
a locomotive engine is considered to have the qualifications required
by this chapter to operate a locomotive engine. (Formerly: Acts 1913, c.43, s.1; Acts 1974, P.L.30, SEC.1.) As
amended 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 railroad
train upon any railroad in the state of Indiana which is more than
twenty-five (25) miles in length without, for one (1) year prior
thereto, having worked or served as a brakeman or conductor on a
railroad train, he commits a Class C infraction, and each day he so
acts or serves shall constitute a separate offense: Provided, That any
person who for part of said period of one (1) year has worked or
served as a brakeman on a railroad train and for the remainder of
such period has worked or served as a conductor on such a train shall
be deemed to possess the qualifications required by this chapter to
serve 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 to
the running or operating of engines in taking engines to or from
trains at division terminals by engine hostlers, or the shifting of cars
or making up trains, or doing any work appurtenant thereto to any
engine-houses, train or freight yards by switchman or yardman, or in
the 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 this
chapter who have the qualifications prescribed by the provisions
thereof, than such companies may employ temporary firemen,
engineers and conductors who have not the qualifications prescribed
by this chapter, but no such employment shall continue longer than
such companies can supply their respective places with employees
who have the qualifications prescribed by this chapter. And, provided
further, That nothing herein contained shall relieve any such
companies 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 the
state of Indiana a steam railroad more than twenty-five (25) miles in
length. (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 this
chapter. (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.
