BILL NUMBER: AB 962 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2005
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 provide immediate
notification to the commission Office of
Emergency Services 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 Whistle post
signs shall be deemed to satisfy this requirement.
(b) A railroad corporation shall adopt and follow main
line flag rules consistent with this section and applicable federal
safety regulations utilize flagging systems and follow
main line flag rules in a manner consistent with its adopted general
code of operating rules and federal law . 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)
(c) 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)
(d) 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)
(e) 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 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)
(f) 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)
(g) A railroad corporation shall provide
immediate notification to the commission of those
Office of Emergency Services of 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 49 of the Code of Federal
Regulations.