Current with legislation from 2024 Fiscal and Special Sessions.
Section 23-12-514 - Standard employee identification requirements - Findings - Definitions(a) The General Assembly finds that: (1) The services provided by railroads are essential to the functionality of the state;(2) The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident;(3) The Rail Safety Improvement Act of 2008, Pub. L. No. 110-432, mandated Federal Railroad Administration certification for railroad employees; and(4) Providing standard identification requirements facilitates the investigation of railroad accidents or incidents for the investigating law enforcement officers or other safety officers.(b) As used in this section:(1) "Federal Railroad Administration-certified conductor" means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;(2) "Federal Railroad Administration-certified engineer" means an engineer licensed and certified by the Federal Railroad Administration;(3) "Railroad accident or incident" means a collision or impact that:(A) Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and(B) Results in death, injury, or property damage; and(4) "Railroad manager" means a railroad employee overseeing and assisting in the operation of railroad transit.(c)(1) Except as provided in subdivision (c)(2) of this section, a railroad employee involved in a railroad accident or incident shall not be required to present his or her driver's license for identification purposes to a law enforcement officer or other safety officer investigating the railroad accident or incident.(2) In lieu of a driver's license under subdivision (c)(1) of this section, Federal Railroad Administration certification may be presented to a law enforcement officer or other safety officer by a:(A) Federal Railroad Administration-certified conductor;(B) Federal Railroad Administration-certified engineer; orAmended by Act 2019, No. 467,§ 1, eff. 3/14/2019.