AN ACT to prohibit a train or light engine used in connection with the movement of freight from being operated in this State unless it has a certain number of crew members.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 15 of Chapter 136 of the General Statutes is amended by adding a new section to read:

§ 136‑199.  Train crew staffing.

(a)        No railroad train or light engine used in a Class I railroad, as defined by the Federal Surface Transportation Board, in connection with the movement of freight shall be operated in the State unless the train has a crew of at least two persons.

(b)        Any person who willfully violates any requirement of this section shall be guilty of a Class 1 misdemeanor and assessed a fine as follows:

(1)        For the first offense, a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000).

(2)        For a second offense committed within three years of the first offense, a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).

(3)        For a third and subsequent offense committed within a three‑year period, a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).

(c)        This section does not apply to:

(1)        A person who moves locomotives unattached to railcars within a rail yard.

(2)        An employee who is temporarily assigned to work with train or yard crews consistent with 49 C.F.R. § 218.22.

(d)       As used in this section, light engine means a locomotive that has no cars attached.

SECTION 2.  This act becomes effective January 1, 2022.