As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 607 5
1999-2000 6
REPRESENTATIVES 8
ROBINSON-BENDER-DAMSCHRODER-OLMAN-PATTON-METTLER-CLANCY-
TIBERI-CATES-HARTNETT-VERICH-GOODMAN-O'BRIEN-BRADING-BUEHRER- 9
JOLIVETTE-HOOPS-MEAD-GRENDELL-LOGAN-REDFERN-ROMAN-A. CORE- 10
WILLAMOWSKI-GOODING-ROBERTS-HOLLISTER-BARNES-HARRIS-SCHULER- 12
D. MILLER-STEVENS-KILBANE-SALERNO
_________________________________________________________________ 13
A B I L L
To amend section 4955.32 and to enact section 15
4955.321 of the Revised Code to allow the use of 16
an alternative audible warning system signaling 17
the approach of a locomotive engine, subject to
approval by the Public Utilities Commission. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 4955.32 be amended and section 22
4955.321 of the Revised Code be enacted to read as follows: 23
Sec. 4955.32. (A) Every company shall attach to each 32
locomotive engine passing upon its railroad a bell of the 34
ordinary size in use on such engines and a steam or compressed 36
air whistle. When
(B) WHEN an engine in motion and approaching a turnpike, 40
highway, or street crossing or private crossing where the view of 41
such crossing is obstructed by embankment, trees, curve, or other 42
obstruction to view, upon the same line with the crossing, and in 44
like manner where the railroad crosses any other traveled place, 46
by bridge or otherwise, the EITHER OF THE FOLLOWING SHALL OCCUR: 47
(1) THE engineer or person in charge of such engine shall 50
sound such whistle at a distance of at least eighty and not 52
further than one hundred rods from such crossing and ring such 54
2
bell continuously until the engine passes the crossing;
(2) AN ALTERNATIVE AUDIBLE WARNING SYSTEM APPROVED BY THE 56
PUBLIC UTILITIES COMMISSION UNDER SECTION 4955.321 OF THE REVISED 57
CODE SHALL BE ACTIVATED IN ACCORDANCE WITH GUIDELINES ESTABLISHED 58
BY THE PUBLIC UTILITIES COMMISSION. 59
(C) This section shall not interfere with the proper 62
observance of an ordinance passed by the legislative authority of 64
a municipal corporation regulating the management of railroads, 66
locomotives, and steam whistles on locomotives, within the limits 67
of such municipal corporation. 68
(D) THE ESTABLISHMENT OF AN ALTERNATIVE AUDIBLE WARNING 70
SYSTEM DOES NOT PRECLUDE THE SOUNDING OF A WHISTLE BY AN ENGINEER 71
OR OTHER PERSON IN CHARGE OF AN ENGINE IN AN EMERGENCY SITUATION, 72
AS DETERMINED BY THE SOLE JUDGMENT OF THE ENGINEER OR OTHER 73
PERSON.
Sec. 4955.321. THE PUBLIC UTILITIES COMMISSION MAY 75
EVALUATE ALTERNATIVE SYSTEMS FOR PROVIDING AN AUDIBLE WARNING OF 76
AN APPROACHING LOCOMOTIVE ENGINE. THE COMMISSION MAY APPROVE THE 77
USE OF AN AUDIBLE WARNING SYSTEM AS AN ALTERNATIVE TO THE WHISTLE 78
AND BELL REQUIRED UNDER DIVISION (B)(1) OF SECTION 4955.32 OF THE 79
REVISED CODE ONLY IF IT DETERMINES THAT THE ALTERNATIVE AUDIBLE 81
WARNING SYSTEM COMPLIES WITH APPLICABLE FEDERAL REQUIREMENTS FOR 82
AN AUDIBLE WARNING OF AN APPROACHING TRAIN AND ONLY IF 84
TRAIN-ACTIVATED WARNING DEVICES ALSO ARE PRESENT AT ANY CROSSING 85
AT WHICH THE ALTERNATIVE AUDIBLE WARNING SYSTEM IS INSTALLED.
THE COMMISSION SHALL ESTABLISH GUIDELINES FOR THE USE AND 87
OPERATION OF ANY ALTERNATIVE AUDIBLE WARNING SYSTEM IT APPROVES. 88
Section 2. That existing section 4955.32 of the Revised 90
Code is hereby repealed. 91