BILL NUMBER: AB 962 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2005
INTRODUCED BY Assembly Member Nunez
FEBRUARY 18, 2005
An act to add Section 7662 to the Public Utilities Code, relating
to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 962, as amended, Nunez. Railroad safety.
Existing law sets forth the powers and duties of railroad
corporations. Existing law authorizes the Public Utilities
Commission, after a hearing, to require every public utility to
construct, maintain, and operate its line, plant, system, equipment,
apparatus, tracks, and premises in a manner so as to promote and
safeguard the health and safety of its employees, passengers,
customers, and the public. Existing law requires the commission to
require every railroad corporation operating in this state to develop
a protocol for rapid communications with certain entities in an
endangered area if there is a runaway train or any other uncontrolled
train movement that threatens public health and safety. Existing law
requires a railroad corporation to promptly notify those entities if
there is a runaway train or other uncontrolled train movement, in
accordance with the communications protocol developed.
This bill would impose certain requirements on a railroad
corporation regarding signage, markers, and flagging systems. The
bill would prohibit a railroad corporation from leaving a train
containing hazardous materials unattended outside of its terminal
property, or permitting such a train to cross a grade crossing
unattended. The bill would require a railroad corporation to notify
the commission and the collective bargaining representative of any
affected employee of any new utilization of remote control
locomotives in the state, on or after January 1, 2006 .
The bill would require a railroad corporation to notify the
commission of any accident involving one of its trains, and to submit
its current operating rules and any subsequent amendments to the
commission provide immediate notification to the
commission of specified accidents, incidents, and other events
that are required to be reported to the Federal Railroad
Administration's National Response Center .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7662 is added to the Public Utilities Code, to
read:
7662. (a) (1) A railroad corporation shall place appropriate
signage to notify an engineer of an approaching grade crossing,
consistent with federal law.
(2) Existing whistle post signs shall be deemed to satisfy this
requirement.
(b) A railroad corporation shall utilize flagging systems
and place milepost markers in a manner consistent with its adopted
general code of operating rules. adopt and follow main
line flag rules consistent with this section and applicable federal
safety regulations. All flags shall be readily visible and easily
recognizable to the crews on both passenger and freight trains.
(1) When track conditions warrant a speed slower than maximum
authorized speed, a railroad corporation shall perform all of the
following functions:
(A) Display a yellow flag to the right of the railroad main line
track in the direction of approach of an oncoming train, two miles in
advance of any speed restriction.
(B) Include, in sequential order, instructions in the track
warrants or other information provided to train crews prior to
departing their initial terminal.
(C) If a restricted area is within terminal or junction limits
where trains depart, the yellow flag may be placed less than two
miles in advance of the restriction. Instructions shall be included
in the track warrants or other information provided train crews prior
to departing their initial terminal.
(D) Place a green flag to the right of the railroad main line
track in the direction of approach of an oncoming train at the end of
the speed restriction.
(2) When persons and equipment are used to work on main line
tracks in need of repair and oncoming trains must stop short of their
restricted area, a railroad corporation shall perform all of the
following functions:
(A) Display a yellow and red flag to the right of the track in the
direction of approach, two miles in advance of the restricted track.
(B) Include, in sequential order, instructions in the track
warrants or other information provided train crews prior to departing
their initial terminal and must be in sequential order.
(C) If a restricted area is within terminal or junction limits
where trains depart, the yellow red flag may be placed less than two
miles in advance of the restriction. Instructions shall be included
in the track warrants or other information provided train crews prior
to departing their initial terminal.
(D) Display a red flag at the point of restriction to the right of
the track in the direction of approach.
(E) Place a green flag to the right of the railroad main line
track in the direction of approach of an oncoming train at the end of
the track restriction.
(3) Whenever a temporary speed restriction occurs on main line
tracks, a railroad corporation shall perform all of the following
functions:
(A) Display flags as specified in subparagraphs (A), (C), and (D)
of paragraph (1) within four hours of discovering the necessity of a
speed restriction.
(B) Provide immediate radio instructions to all trains that may
utilize the affected tracks by the appropriate dispatcher during this
four-hour temporary period and continue until flags are installed as
specified in paragraphs (1) and (2).
(C) Include written instructions within track warrants or other
information provided to train crews prior to departing the initial
terminal as soon as a temporary speed restriction is deemed
necessary.
(4) Whenever any overlapping speed restrictions or track
restrictions occur within any given territory, the yellow, yellow
red, red, and green flag requirements, as specified paragraphs (1)
and (2), shall be in place for each occurrence so that a train crew
may account for its location within overlapping restrictions,
determine what restrictions will be encountered, and determine what
restrictions have been passed through.
(5) A railroad corporation shall provide milepost markers to train
crews at accurate one-mile intervals. The markers shall be readily
visible to the locomotive engineer within the locomotive cab, and
shall be kept in good repair and replaced when necessary.
(6) A railroad corporation shall place whistle signs to the right
of the main track in the direction of approach, exactly one-quarter
mile from the entrance to any grade crossing as a point of reference
for locomotive engineers who blow the whistle and ring the bell for
these grade crossings as a warning to the public. The signs, which
shall consist of an "X" on a square plate mounted on a post, shall be
readily visible to a locomotive engineer within the locomotive cab,
shall be kept in good repair, and shall be replaced when necessary.
(7) A railroad corporation shall place permanent speed signs to
the right of the track in the direction of approach, two miles in
advance of the point where the speed is either increased or decreased
for both passenger and freight trains. The signs shall be readily
visible to a locomotive engineer within the locomotive cab, shall be
kept in good repair, and shall be replaced when necessary.
(c) (1)No
(c) (1) No railroad
corporation shall leave a train containing hazardous materials
unattended outside of its terminal property.
(2) No railroad corporation shall permit a train containing
hazardous materials to cross a grade crossing unattended.
(3) For purposes of this section "unattended" means the absence of
a crewmember or other responsible employee in a location with a line
of sight to the portion of the train containing hazardous materials
or, for the purposes of paragraph (2), a line of sight to the grade
crossing.
(d) A railroad corporation shall notify the commission and the
collective bargaining representative of any affected employee of any
new utilization of remote control locomotives in the state , on
or after January 1, 2006 .
(e) (1)A railroad corporation shall notify the commission of any
accident involving one of its trains.
(2) A railroad corporation shall submit its current operating
rules and any subsequent amendments to the commission.
(e) A railroad corporation shall provide immediate notification to
the commission of those accidents, incidents, and other events,
concurrent with those provided to the Federal Railroad Administration'
s National Response Center, as required by Part 225.9 of Title 29 of
the Code of Federal Regulations.