BILL NUMBER: SB 1491	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leslie

                        FEBRUARY 11, 2000

   An act to amend Sections 7604 and 7678 of the Public Utilities
Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1491, as introduced, Leslie.  Railroad crossings: automated
warning devices.
   Existing law requires that a audible warning device be sounded
from a locomotive engine at least 1320 feet before the intersection
of the railroad and a street, road, or highway with certain
exceptions.  Existing law imposes a civil fine on a railroad
corporation that violates this provision and makes it a misdemeanor
for a person in charge of a locomotive engine to fail to sound the
warning.
   This bill would eliminate the requirement that the warning device
on the locomotive engine be sounded when approaching a railroad
crossing that has a permanent audible warning device that
automatically sounds as the locomotive engine approaches the railroad
crossing.
   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 7604 of the Public Utilities Code is amended to
read:
   7604.  (a) A bell, of at least 20 pounds weight or of equivalent
sound-producing capability, shall be placed on each locomotive
engine, and shall be rung at a distance of at least 1,320 feet from
the place where the railroad crosses any street, road, or highway,
and be kept ringing until it has crossed the street, road, or
highway; or a steam whistle, air siren, or an air whistle shall be
attached, and be sounded at the like distance, and be kept sounding
at intervals until it has crossed the street, road, or highway,
except as follows:
   (1)  Notwithstanding Section 7678, in a city, the ringing of the
bell or the sounding of the steam whistle, air siren, or air whistle
shall be at the discretion of the operator of the locomotive engine.

   (2) When a locomotive engine is engaged in a switching operation
or comes to a stop at any point within a distance of 1,320 feet from
the place at which the railroad crosses any street, road, or highway,
it shall not be necessary that the bell be rung or the whistle, air
siren, or air whistle be sounded, until the time and from the place
that the locomotive begins an uninterrupted movement to and across
the place at which the railroad crosses the street, road, or highway.
  
   (3) Notwithstanding Section 7678, the ringing of the bell or the
sounding of the steam whistle, air siren, or air whistle is not
required when approaching a railroad crossing that has a permanently
installed clearly audible warning device that sounds automatically
when an approaching train is at least 1,320 feet from the place where
the railroad crosses any street, road, or highway, and that keeps
ringing until the entire train has crossed the street, road, or
highway.  The automatic warning devise shall sound at the same or
greater decibel level as that set forth in subdivision (a) for a
warning device mounted on a locomotive engine. 
   (b) Any railroad corporation violating this section shall be
subject to a penalty of one hundred dollars ($100) for every
violation.  The penalty may be recovered in an action prosecuted by
the district attorney of the proper county, for the use of the state.
  The corporation is also liable for all damages sustained by any
person, and caused by its locomotives, train, or cars, when the
provisions of this section are not complied with.
  SEC. 2.  Section 7678 of the Public Utilities Code is amended to
read:
   7678.   Every   Except as provided in
paragraphs (1) to (3), inclusive, of Section 7604, every  person
in charge of a  locomotive-engine   locomotive
engine  who, before crossing any traveled public way, omits to
cause a bell to ring or steam whistle, air siren, or air whistle to
sound at the distance of at least  80 rods  
1,320 feet  from the crossing, and up to it, is guilty of a
misdemeanor.