Two Massachusetts senators filed legislation Jan. 15 proposing statewide oversight and safety standards for vehicles that transport railroad crews.
Sen. Michael D. Brady (Second Plymouth and Norfolk) and Sen. Michael O. Moore (Second Worcester) petitioned the Senate for An Act relative to railroad crew transportation, filed as Senate No. 2342, which would add new sections to Chapter 160 of the General Laws to regulate "contract crew transportation vehicles," set insurance minimums, require driver training and create reporting and inspection duties for the Rail and Transit Division of the Massachusetts Department of Transportation (MassDOT).
The bill defines a contract crew transportation vehicle as a motor vehicle designed to carry no more than 15 passengers, including the driver, that is owned or operated by a person contracting with a railroad company or its agents and used primarily to transport railroad crew. It directs the Rail and Transit Division of MassDOT to promulgate regulations covering vehicle standards, driver qualifications, equipment safety, hours of service, passenger safety, drug testing and record retention.
Among the specific requirements, the bill would require each contract crew transportation vehicle to carry at least $5,000,000 combined single-limit liability coverage for bodily injury and property damage and $1,000,000 in uninsured and underinsured motorist coverage. The legislation allows a third-party contractor or the railroad company to satisfy the insurance requirement so long as the vehicle operator names the third party as an additional or named insured; proof of coverage would be provided to the Rail and Transit Division by the contracting party.
The bill would also require drivers of contract crew transportation vehicles to complete a minimum of four hours of Rail and Transit Division–approved safety training including vehicle and passenger safety awareness, rail yard safety, grade crossing safety, load securement and distracted and fatigued driving awareness.
Section 254 would disqualify a person from operating a contract crew transportation vehicle for three years if, within a three-year period, the person is convicted of at least two traffic violations that result in suspension or revocation of the driver’s license (for reasons other than nonpayment of fines), or is found guilty of a drug- or alcohol-related traffic offense, leaving the scene of an accident, prohibited passing, a railroad highway grade crossing offense, driving with a suspended/revoked/canceled license, or using a vehicle to commit a felony. The bill requires drivers to report qualifying convictions or violations to their carrier within 10 days.
The Rail and Transit Division would be required to compile data on reported safety complaints, accidents, regulatory violations, fines and corrective actions involving regulated vehicles and to make that data available on request. The bill specifies that information in safety complaints that identifies the employee who submitted the complaint is not a public record as defined in clause Twenty-sixth of section 7 of chapter 4 or chapter 66.
The bill empowers the Rail and Transit Division to investigate complaints, inspect vehicles, assess penalties, and, after notice and opportunity for a hearing, deny, suspend or revoke a company’s ability to provide contract crew transportation if it finds violations of the new chapter or related rules, or if the company or its agent has been found by a court or governmental agency to have violated federal or state law. The text also permits the Colonel of State Police to assist the Division in inspections upon request.
The filing cites similar legislation from the prior session (Senate No. 2200 of 2023–2024) but does not set a schedule for rulemaking or an effective date. The bill text does not record any Senate committee referral, hearing dates, votes or fiscal estimates; those items are not specified in the filing.
If enacted, the bill would shift several implementation responsibilities to the Rail and Transit Division of MassDOT, including rulemaking, complaint handling, data compilation and enforcement; the legislation does not appropriate funds or specify a timeline for the Division’s rulemaking or enforcement actions.