Iowa Admin. Code r. 761-810.5 - Worker transportation motor vehicle equipment
(1)
Heater requirement. Pursuant to Iowa Code subsection
327F.39(4), a
motor vehicle used to transport railroad workers shall be equipped with a
heating system that maintains a reasonable comfort level in the vehicle spaces
where the workers are required to ride. The heating system shall comply with
the safety standards established in
49 CFR
393.77, as adopted in rule
761-520.1(321).
(2)
Report
procedure.
a. A person shall report
an alleged violation in writing to the responsible railroad company at its
corporate headquarters.
b. If
within 30 days the railroad company does not respond or if the response is
unsatisfactory, the person may report the alleged violation to the department
at the following address: Modal Transportation Bureau, Iowa Department of
Transportation, 800 Lincoln Way, Ames, Iowa 50010.
c. The report shall include the date, time,
weather conditions and all facts pertinent to the alleged violation. The report
shall also include a copy of the railroad's response or, if the railroad failed
to respond, proof of the date the report was submitted to the
railroad.
d. The director of the
modal transportation bureau or the director's designee may request additional
information from the person submitting the report, the railroad worker
transportation company or the railroad.
e. The director of the modal transportation
bureau or the director's designee, which may include peace officers within
motor vehicle enforcement, may investigate the alleged violation.
f. The director of the modal transportation
bureau or the director's designee shall issue a decision within 20 days of
receipt of the report or 20 days after receipt of the requested additional
information. The decision may include any order as necessary to enforce the
requirements of Iowa Code section
327F.39, as set forth in Iowa
Code section 327F.39(6).
g. The department shall notify the person and
the railroad of the decision.
h.
The decision is final agency action.
This rule is intended to implement Iowa Code section 327F.39.
Notes
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