69-14-116. General protection of health and safety on railroads -- rear-end telemetry systems -- exemption for a caboose-equipped train. (1) The commission has full authority:
     (a) after notice and hearing, to adopt and enforce rules providing for the installation on and equipment of trains, cars, or engines with safety appliances and providing for sanitation and adequate shelter as it affects the health of all railroad employees; and
     (b) to conduct inspections to implement subsection (1)(a).
     (2) (a) Except as provided in subsection (4), the commission shall, to the extent permitted by federal law, require a railroad operating trains in Montana to install a rear-end train telemetry system on all trains operating within mountain grade territory as geographically defined and designated by mile posts in the railroad's official timetable and operating rules on file with the commission.
     (b) As used in this section, "telemetry system" means a radio transmitter and receiver system with one device placed on the last car of a train and a second device placed in the cab of the controlling locomotive. The second device must be visible to the locomotive engineer and capable of indicating through electronic communication with the device located on the last car of the train the following:
     (i) brake pipe pressure at the rear of the train, in increments of 1 pound per square inch;
     (ii) rear car movement;
     (iii) operation or nonoperation of the rear marker light;
     (iv) remaining battery life powering the telemetry system;
     (v) interruption of the communication link between the device located on the last car of the train and the device located in the cab of the controlling locomotive; and
     (vi) total distance travelled in feet by the locomotive to which the device is attached.
     (c) A train operating in the area defined under this subsection (2) may not depart a crew change point or its local point of origin unless the train is equipped with the telemetry system required under the rules established pursuant to this section.
     (d) Telemetry systems installed on a train in conformity with rules made under this section must be equipped so that an emergency application of brakes of the train can be initiated by activation of the device placed on the last car at the rear end of the train.
     (e) Disciplinary action or other adverse administrative or employment action may not be instituted against a person who reports a violation of this subsection (2) or who acts to enforce the provisions of this subsection (2).
     (3) The inspections and rules required under subsections (1) and (2) must be compatible with any federal provisions and may not create an undue burden on interstate commerce.
     (4) The commission may not require the installation and use of a telemetry system as described in this section on a train equipped with a caboose that:
     (a) meets the requirements of Montana law;
     (b) is placed as the last car of the train; and
     (c) is occupied by a member of the train crew.

     History: En. Sec. 1, Ch. 136, L. 1909; re-en. Sec. 3827, R.C.M. 1921; re-en. Sec. 3827, R.C.M. 1935; amd. Sec. 1, Ch. 63, L. 1959; amd. Sec. 2, Ch. 124, L. 1971; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 72-150; amd. Sec. 1, Ch. 487, L. 1991; amd. Sec. 1, Ch. 372, L. 1993; amd. Sec. 5, Ch. 235, L. 1997.