FORMATION AND UNION OF RAILROAD CORPORATIONS; LEASES AND EXTENSIONS
Regulation of Railroads
367:55 Railroad Safety and Inspection Program.
I. For railroad properties within the state that are subject to federal regulation, the commissioner shall have the authority to participate in carrying out inspection activities in connection with any rule, regulation, order, or standard prescribed by the Secretary of Transportation of the United States under the authority of the Federal Railroad Safety Act of 1970, as amended, provided that the commissioner shall comply with all of the requirements imposed by federal law as a condition to such participation.
II. For railroad properties within the state that are not subject to federal regulation, the commissioner shall carry out such inspections as are necessary to maintain railroad safety within the state. If the commissioner finds any equipment or facilities to be unsafe, a proceeding shall be commenced as provided by law to develop an order for corrective action.
III. The commissioner shall employ such expert, professional, or other assistance as is necessary to carry out the activities of this section, provided that a former railroad employee shall not perform inspections within the same railroad division in which he or she formerly worked for a period of one year from the date the person terminated his or her railroad employment.
Source. 1985, 402:19. 2000, 97:2, eff. June 26, 2000.