Arkansas Code
Subchapter 5 - Employees
§ 23-12-514. Standard employee identification requirements — Findings — Definitions

(a) The General Assembly finds that:
(1) The services provided by railroads are essential to the functionality of the state;
(2) The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident;
(3) The Rail Safety Improvement Act of 2008, Pub. L. No. 110-432, mandated Federal Railroad Administration certification for railroad employees; and
(4) Providing standard identification requirements facilitates the investigation of railroad accidents or incidents for the investigating law enforcement officers or other safety officers.

(b) As used in this section:
(1) “Federal Railroad Administration-certified conductor” means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;
(2) “Federal Railroad Administration-certified engineer” means an engineer licensed and certified by the Federal Railroad Administration;
(3) “Railroad accident or incident” means a collision or impact that:
(A) Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and
(B) Results in death, injury, or property damage; and

(4) “Railroad manager” means a railroad employee overseeing and assisting in the operation of railroad transit.

(c)
(1) Except as provided in subdivision (c)(2) of this section, a railroad employee involved in a railroad accident or incident shall not be required to present his or her driver's license for identification purposes to a law enforcement officer or other safety officer investigating the railroad accident or incident.
(2) In lieu of a driver's license under subdivision (c)(1) of this section, Federal Railroad Administration certification may be presented to a law enforcement officer or other safety officer by a:
(A) Federal Railroad Administration-certified conductor;
(B) Federal Railroad Administration-certified engineer; or
(C) Railroad manager.