§20135 Licensing or certification of locomotive operators

Summary

Requires the Secretary of Transportation to make rules and start a program that requires every locomotive operator to get a license or certificate. The licensing must begin one year after the program starts. The program must review and approve each railroad’s operator rules, set minimum training, and require complete knowledge of the railroad’s operating practices and rules. Unless waived, it must consider an applicant’s motor vehicle driving record when available, including any state denial, cancellation, revocation, or suspension of a driver’s license for cause in the past 5 years and certain convictions in the past 5 years. The program may disqualify an applicant or issue a license with conditions based on the driving record. Applicants must ask state driver licensing officials to send their driving records to their employer, a prospective employer, or the Secretary as required. The Secretary can make rules to waive the driving-record check for people or groups who are found fit to operate a locomotive. A waiver for DUI- or similar-related convictions or license actions is allowed only if the person completes a railroad or Secretary-approved rehabilitation program. A person who finishes such a program cannot be denied a license for those DUI-related convictions or license actions. Anyone denied a license or given conditions has a right to a hearing. The employer or Secretary must give the driving record information to the person and let them add a written comment that will be kept with the record.