(b) "Qualified railroad trainsman" means a person who has successfully completed a railroad carrier's training program and passed any examinations on railroad operation rules required by the Federal Railroad Administration.
(2) Except as provided in subsection (4) of this section, a person operating or controlling a railroad shall not allow the operation of any railroad train or locomotive in the Commonwealth unless the railroad train or locomotive has a crew of at least two (2) individuals, one (1) of whom shall be a certified railroad locomotive engineer and one (1) of whom shall be a qualified railroad trainsman.
(3) A certified railroad locomotive engineer shall operate the control locomotive at all times the railroad train or locomotive is in motion. The other crew member may dismount the railroad train or locomotive when necessary to perform switching activities and other duties in the course of his or her job.
(4) The secretary of the Transportation Cabinet may grant exceptions to the requirements of subsection (2) of this section, if the secretary determines that granting the exception will not endanger the life or property of any person.