Minimum of two crew members on all dangerous hazardous trains, exceptions

2. a. (1) Except as otherwise provided in paragraph (2) of this subsection and in subsection b. of this section, a railroad company shall require a minimum of two crew members on all dangerous hazardous trains. (2) If a dangerous hazardous train originates its operation outside of the State without a minimum of two crew members aboard, the dangerous hazardous train may continue operating through the State without a minimum of two crew members aboard. However, if the dangerous hazardous train makes a stop within the State to add or reduce the number of train cars, the dangerous hazardous train shall not resume its operation until at least two crew members are aboard the dangerous hazardous train. b. A railroad company shall not be required to provide a minimum of two crew members on a dangerous hazardous train if: (1) the train is using a locomotive or a group of locomotives to assist another train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including traveling to or from a location where assistance is provided; (2) the train is a tourist, scenic, historic, or excursion operation that is not part of the general railroad system of transportation; (3) the train is a locomotive not attached to railcars, is located inside a rail yard, and is being moved between tracks in order to keep the train organized and on schedule or is being moved to or from a maintenance shop; or (4) a railroad company is exempted from the two-person crew requirement by the commissioner due to having not more than 15 employees and operating a train at a maximum authorized speed of not more than 15 miles per hour. c. Notwithstanding the exceptions listed in subsections a. and b. of this section, a railroad company shall require a minimum of two crew members on a dangerous hazardous train when the dangerous hazardous train is transporting: (1) one or more loaded freight cars containing any material poisonous by inhalation as defined in 49 C.F.R. s.171.8, including anhydrous ammonia (UN1005) and ammonia solutions (UN 3318); or (2) 10 or more loaded freight cars or freight cars loaded with bulk packaging as defined in 49 C.F.R. s.171.8 or one or more intermodal portable tanks containing any combination of these materials or any Division 2.1 flammable gases as defined in 49 C.F.R. s.173.115(a), Class 3 flammable liquids as defined in 49 C.F.R. s.173.120(a), Class 1 explosives categorized in Division 1.1 or 1.2 as such terms are defined in 49 C.F.R. s.173.50, or hazardous substances listed in 49 C.F.R. s.173.31(f)(2).