House Bill 146

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be

cited as the "Railway Safety Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Railway Safety Act:

          A. "crew member" means a person employed by or contracted with a railroad corporation to assist with the operation of a railroad or train;

          B. "department" means the department of transportation;

          C. "dragging equipment detector" means an electronic device or other technology that monitors a passing train to detect and alert operators of the train of the existence of an object dragging from the train;

          D. "hot bearings detector" means an infrared detector located along railroad tracks that monitors a passing train to detect and alert operators of the train to any overheating of a train's bearings, axles or wheels;

          E. "railroad corporation" means a corporation incorporated under Chapter 63 NMSA 1978 or a corporation incorporated under the laws of any other state that owns or operates a railroad or train in the state of New Mexico;

          F. "railway safety violation" means a violation of a provision of Section 3 of the Railway Safety Act;

          G. "roadway" means every way, place, highway or street that is improved, designed or ordinarily used for vehicular traffic and generally open to public use as a matter of right for the purpose of vehicular travel; and

          H. "wayside detector system" means an electronic device or a series of connected devices that monitor a passing train to determine whether the train has a defect and includes a hot bearings detector and a dragging equipment detector.

     SECTION 3. [NEW MATERIAL] WAYSIDE DETECTOR SYSTEMS--DEFECT MESSAGE--SAFETY PROCEDURES--REPORT.--

          A. A railroad corporation operating a train on a line of railroad in the state shall install and maintain a wayside detector system with a hot bearings detector and a dragging equipment detector installed at least every ten miles.

          B. If a train receives a defect message from a wayside detector system, the railroad corporation operating the train shall:

                (1) stop the train as soon as is practicable without obstructing a roadway and in accordance with applicable safety procedures;

                (2) inspect the defect from a position on the ground;

                (3) remedy the defect immediately if practicable or if the train is not safe for movement;

                (4) if the inspection indicates that the defect cannot be immediately remedied and the train is safe for movement, proceed along the train's route at a speed not greater than:

                     (a) ten miles per hour if the train is carrying a hazardous material or dangerous good; or

                     (b) thirty miles per hour if the train is not carrying a hazardous material or dangerous good;

                (5) remove and set out any defective car at the earliest opportunity;

                (6) resume authorized speed only after the defect has been remedied and the next wayside detector indicates that there is no longer a defect; and

                (7) prepare and submit a written inspection report to the appropriate railroad corporation official.

          C. By January 1, 2027, and by January 1 of each year thereafter, a railroad corporation operating a train on a line of railroad in the state shall submit to the department a report that discloses at minimum the following:

                (1) the location of each installed wayside detector system;

                (2) the type and characteristic of each installed wayside detector system;

                (3) the operational status of the wayside detector system and all installed hot bearings detectors and dragging equipment detectors; and

                (4) the details of all defect messages received from a wayside detector system and the corresponding inspection report prepared for each defect message.

     SECTION 4. [NEW MATERIAL] RAILWAY SAFETY VIOLATIONS--REPORTING--RETALIATION.--

          A. A crew member of a railroad corporation shall report to the department if the crew member observes a railway safety violation.

          B. The department shall create a uniform protocol for reporting railway safety violations and shall allow for anonymous reporting.

          C. A railroad corporation and its agents shall not take, encourage or provoke direct or indirect retaliatory action against a crew member because the crew member:

                (1) reports a railway safety violation;

                (2) provides information to, or testifies

before, a public body as part of an investigation, hearing or

inquiry into a railway safety violation; or

                (3) objects to or refuses to participate in an activity, policy or practice that constitutes a railway safety violation.

          D. The department shall promulgate rules to implement the provisions of this section and establish procedures for reporting and investigating alleged retaliation.

     SECTION 5. [NEW MATERIAL] RAILWAY SAFETY VIOLATIONS--

INVESTIGATION--ADMINISTRATIVE PENALTY--APPEAL.--

          A. The department, after receiving a report alleging a railway safety violation, is authorized to enter

a railroad corporation's lands to investigate the alleged violation. Prior to entering, the department shall give due notice to the railroad corporation. A railroad corporation shall not prohibit entry to the department after receiving due notice.

          B. If the department finds that a railroad corporation or an officer, agent or employee of a railroad corporation commits a railway safety violation, the department may assess a fine of not less than five thousand dollars ($5,000) but not more than twenty-five thousand dollars ($25,000) on the railroad corporation.

          C. In addition to the remedies provided in this section, the department may apply to a district court for an injunction restraining a person or railroad corporation from:

                (1) committing a railway safety violation;

                (2) prohibiting entry onto lands pursuant to Subsection A of this section; or

                (3) failing or refusing to comply with a rule promulgated pursuant to this section.

          D. The department shall, after public notice and a public hearing, establish a system of administrative penalties on a scale in relation to the severity and frequency of the railway safety violation.

          E. A person or railroad corporation aggrieved by a decision of the department made under the provisions of this section may appeal to the administrative hearings office for a hearing. A person or railroad corporation that continues to be aggrieved after the decision made by a hearing officer may appeal that decision to district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

          F. The department shall promulgate rules to implement the provisions of this section.