As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 607 5
1999-2000 6
REPRESENTATIVE ROBINSON 8
_________________________________________________________________ 9
A B I L L
To amend section 4955.32 and to enact section 11
4955.321 of the Revised Code to allow the use of 12
an alternative audible warning system signaling 13
the approach of a locomotive engine, subject to
approval by the Public Utilities Commission. 14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 4955.32 be amended and section 18
4955.321 of the Revised Code be enacted to read as follows: 19
Sec. 4955.32. (A) Every company shall attach to each 28
locomotive engine passing upon its railroad a bell of the 30
ordinary size in use on such engines and a steam or compressed 32
air whistle. When
(B) WHEN an engine in motion and approaching a turnpike, 36
highway, or street crossing or private crossing where the view of 37
such crossing is obstructed by embankment, trees, curve, or other 38
obstruction to view, upon the same line with the crossing, and in 40
like manner where the railroad crosses any other traveled place, 42
by bridge or otherwise, the EITHER OF THE FOLLOWING SHALL OCCUR: 43
(1) THE engineer or person in charge of such engine shall 46
sound such whistle at a distance of at least eighty and not 48
further than one hundred rods from such crossing and ring such 50
bell continuously until the engine passes the crossing;
(2) AN ALTERNATIVE AUDIBLE WARNING SYSTEM APPROVED BY THE 52
PUBLIC UTILITIES COMMISSION UNDER SECTION 4955.321 OF THE REVISED 53
CODE SHALL BE ACTIVATED IN ACCORDANCE WITH GUIDELINES ESTABLISHED 54
BY THE PUBLIC UTILITIES COMMISSION. 55
2
(C) This section shall not interfere with the proper 58
observance of an ordinance passed by the legislative authority of 60
a municipal corporation regulating the management of railroads, 62
locomotives, and steam whistles on locomotives, within the limits 63
of such municipal corporation. 64
(D) THE ESTABLISHMENT OF AN ALTERNATIVE AUDIBLE WARNING 66
SYSTEM DOES NOT PRECLUDE THE SOUNDING OF A WHISTLE BY AN ENGINEER 67
OR OTHER PERSON IN CHARGE OF AN ENGINE IN AN EMERGENCY SITUATION, 68
AS DETERMINED BY THE SOLE JUDGMENT OF THE ENGINEER OR OTHER 69
PERSON.
Sec. 4955.321. THE PUBLIC UTILITIES COMMISSION MAY 71
EVALUATE ALTERNATIVE SYSTEMS FOR PROVIDING AN AUDIBLE WARNING OF 72
AN APPROACHING LOCOMOTIVE ENGINE. THE COMMISSION MAY APPROVE THE 73
USE OF AN AUDIBLE WARNING SYSTEM AS AN ALTERNATIVE TO THE WHISTLE 74
AND BELL REQUIRED UNDER DIVISION (B)(1) OF SECTION 4955.32 OF THE 75
REVISED CODE ONLY IF IT DETERMINES THAT THE ALTERNATIVE AUDIBLE 77
WARNING SYSTEM COMPLIES WITH APPLICABLE FEDERAL REQUIREMENTS FOR 78
AN AUDIBLE WARNING OF AN APPROACHING TRAIN. THE COMMISSION SHALL 80
ESTABLISH GUIDELINES FOR THE USE AND OPERATION OF ANY ALTERNATIVE 81
AUDIBLE WARNING SYSTEM IT APPROVES. 82
Section 2. That existing section 4955.32 of the Revised 84
Code is hereby repealed. 85