Harvey Peeler

Senate Majority Leader Harvey Peeler today introduced a bill that will specify standards for permits regarding miniature trains, like the one that derailed in Spartanburg County. Named, “Benji’s Law,” it’s in honor of Benji Easler, a Cherokee County six-year-old who was killed when the train left the tracks in March. He was at Cleveland Park with his church group, led by his father, Reverend Dwight Easler.

“To lose a life like Benji’s is a tragedy. We must do what we can to make sure this never happens again,” Peeler said. “Sometimes the state has to step in and ensure safety standards. This is one of those times.”

A recent report said that the reason the train derailed was because of operator error — mainly, it was going too fast and wasn’t undergoing proper maintenance and inspections. An investigation by local television station WSPA in March found that a maintenance report hadn’t been filed since October, and the Department of Labor, Licensing and Regulation inspector was fired after filing falsified reports. There were also “persistent brake and wheel failures” that were supposedly fixed but continued to occur each year. In regard to the conductor, the investigation discovered, “his duties included ‘inspect train and check tracks.’ And ‘knowledge of engine mechanics helpful’ but not required.”

The bill would ensure:

* The ride must have a properly operating speedometer.

* The ride must have a device that allows the speed of the train to be regulated and the speed of the train must be set so as to only operate at or below the maximum speed recommended by the manufacturer.

* All drivers operating the ride must be trained to operate the ride in accordance with the manufacturer’s operation recommendations; a training record for each driver must be maintained by the owner or operator of the ride as long as the driver is employed by or operates the train on behalf of the owner or operator; and each driver must be tested by the department before the driver is authorized to operate the train; a driver employed to operate the train, or who will operate the train on behalf of the owner or operator, subsequent to the department issuing the permit or renewal permit does not affect the validity of the permit, so long as the driver does not operate the train until the driver has been tested by the department.

* The ride must be inspected mechanically, including, but not limited to, a speed test of the train to ensure that the train is operating in accordance with the speed governor, and in accordance with this chapter or regulations promulgated pursuant to this chapter, but in no case less than an annual inspection.

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