As Passed by the Senate 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-SENATORS ARMBRUSTER-
JOHNSON-MUMPER-SPADA 13
_________________________________________________________________ 15
A B I L L
To amend section 4955.32 and to enact section 17
4955.321 of the Revised Code to allow the use of 18
an alternative audible warning system signaling 19
the approach of a locomotive engine, subject to
approval by the Public Utilities Commission. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 4955.32 be amended and section 24
4955.321 of the Revised Code be enacted to read as follows: 25
Sec. 4955.32. (A) Every company shall attach to each 34
locomotive engine passing upon its railroad a bell of the 36
ordinary size in use on such engines and a steam or compressed 38
air whistle. When
(B) WHEN an engine in motion and approaching a turnpike, 42
highway, or street crossing or private crossing where the view of 43
such crossing is obstructed by embankment, trees, curve, or other 44
obstruction to view, upon the same line with the crossing, and in 46
like manner where the railroad crosses any other traveled place, 48
by bridge or otherwise, the EITHER OF THE FOLLOWING SHALL OCCUR: 49
(1) THE engineer or person in charge of such engine shall 52
sound such whistle at a distance of at least eighty and not 54
2
further than one hundred rods from such crossing and ring such 56
bell continuously until the engine passes the crossing;
(2) AN ALTERNATIVE AUDIBLE WARNING SYSTEM APPROVED BY THE 58
PUBLIC UTILITIES COMMISSION UNDER SECTION 4955.321 OF THE REVISED 59
CODE SHALL BE ACTIVATED IN ACCORDANCE WITH GUIDELINES ESTABLISHED 60
BY THE PUBLIC UTILITIES COMMISSION. 61
(C) This section shall not interfere with the proper 64
observance of an ordinance passed by the legislative authority of 66
a municipal corporation regulating the management of railroads, 68
locomotives, and steam whistles on locomotives, within the limits 69
of such municipal corporation. 70
(D) THE ESTABLISHMENT OF AN ALTERNATIVE AUDIBLE WARNING 72
SYSTEM DOES NOT PRECLUDE THE SOUNDING OF A WHISTLE BY AN ENGINEER 73
OR OTHER PERSON IN CHARGE OF AN ENGINE IN AN EMERGENCY SITUATION, 74
AS DETERMINED BY THE SOLE JUDGMENT OF THE ENGINEER OR OTHER 75
PERSON.
Sec. 4955.321. THE PUBLIC UTILITIES COMMISSION MAY 77
EVALUATE ALTERNATIVE SYSTEMS FOR PROVIDING AN AUDIBLE WARNING OF 78
AN APPROACHING LOCOMOTIVE ENGINE. THE COMMISSION MAY APPROVE THE 79
USE OF AN AUDIBLE WARNING SYSTEM AS AN ALTERNATIVE TO THE WHISTLE 80
AND BELL REQUIRED UNDER DIVISION (B)(1) OF SECTION 4955.32 OF THE 81
REVISED CODE ONLY IF IT DETERMINES THAT THE ALTERNATIVE AUDIBLE 83
WARNING SYSTEM COMPLIES WITH APPLICABLE FEDERAL REQUIREMENTS FOR 84
AN AUDIBLE WARNING OF AN APPROACHING TRAIN AND ONLY IF 86
TRAIN-ACTIVATED WARNING DEVICES ALSO ARE PRESENT AT ANY CROSSING 87
AT WHICH THE ALTERNATIVE AUDIBLE WARNING SYSTEM IS INSTALLED.
THE COMMISSION SHALL ESTABLISH GUIDELINES FOR THE USE AND 89
OPERATION OF ANY ALTERNATIVE AUDIBLE WARNING SYSTEM IT APPROVES. 90
Section 2. That existing section 4955.32 of the Revised 92
Code is hereby repealed. 93