H-4058.1          _______________________________________________

                                  HOUSE BILL 2620

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Prentice, R. Fisher and R. Meyers

Read first time 01/22/92.  Referred to Committee on Commerce & Labor.Narrowing the exception to train crew size requirements.

     AN ACT Relating to penalties for violation of train crew size requirements; and amending RCW 81.40.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 81.40.030 and 1983 c 3 s 207 are each amended to read as follows:

(1) Each train or engine run in violation of RCW 81.40.010 shall constitute a separate offense((:  PROVIDED, That)).  However, nothing in RCW 81.40.010 and 81.40.030 shall be construed as applying in the case of disability of one or more of any train crew while out on the road between division terminals((, wrecking trains, or to any line, or part of line, where not more than two trains are run in each twenty-four hours)).

(2) Any person, corporation, company, or officer of court operating any railroad or railway, or part of any railroad or railway in the state of Washington, and engaged as a common carrier, in the transportation of freight or passengers, who shall violate any of the provisions of RCW 81.40.010 and 81.40.030 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars for each offense.

(3) It shall be the duty of the commission to enforce RCW 81.40.010 and 81.40.030.