| Sec. 4955.43. A municipal corporation specified in section | 34 |
| 4955.42 of the Revised Code may establish one or more | 35 |
| demonstration railroad quiet zones described in division (B)(1) of | 36 |
| section 4955.41 of the Revised Code only after the enactment, | 37 |
| prior to the effective date of initial regulations adopted | 38 |
| pursuant to the "Swift Rail Development Act," Pub. L. No. 103-440, | 39 |
| 108 Stat. 4615, 49 U.S.C. 20153, of an ordinance authorizing each | 40 |
| zone. | 41 |
| Sec. 4955.44. A municipal corporation specified in section | 42 |
| 4955.42 of the Revised Code may establish within its jurisdiction | 43 |
| one or more demonstration railroad quiet zones implementing and | 44 |
| using one or more supplemental safety measures, only after the | 45 |
| enactment, prior to the effective date of initial regulations | 46 |
| adopted pursuant to the "Swift Rail Development Act," Pub. L. No. | 47 |
| 103-440, 108 Stat. 4615, 49 U.S.C. 20153, of an ordinance | 48 |
| authorizing each zone. | 49 |
| Sec. 4955.45. (A) A municipal corporation specified in | 50 |
| section 4955.42 of the Revised Code may establish within its | 51 |
| jurisdiction one or more demonstration railroad quiet zones | 52 |
| implementing and using one or more alternative safety measures, | 53 |
| only after the enactment, prior to the effective date of initial | 54 |
| regulations adopted pursuant to the "Swift Rail Development Act," | 55 |
| Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153, of an | 56 |
| ordinance authorizing each zone and subject to public utilities | 57 |
| commission approval under this section. | 58 |
| (B) Following enactment of an ordinance under division (A) of | 59 |
| this section, the municipal corporation may file with the | 60 |
| commission an application for commission approval of the | 61 |
| demonstration railroad quiet zone authorized pursuant to the | 62 |
| ordinance. The application shall be in such form and contain such | 63 |
| information as the commission specifies. Two or more of the | 64 |
| municipal corporations specified in section 4955.42 of the Revised | 65 |
| Code may file a joint application for commission approval of | 66 |
| demonstration quiet zones within their respective jurisdictions. | 67 |
| (C) Upon the filing of an application under division (B) of | 68 |
| this section, the commission shall authorize a limited period for | 69 |
| the filing of comments by any party regarding the application. | 70 |
| After considering any such comments and only by order issued prior | 71 |
| to the effective date of initial regulations adopted pursuant to | 72 |
| the "Swift Rail Development Act," Pub. L. No. 103-440, 108 Stat. | 73 |
| 4615, 49 U.S.C. 20153, the commission shall approve the | 74 |
| application, or approve it with conditions, and so authorize a | 75 |
| demonstration railroad quiet zone for the municipal corporation or | 76 |
| corporations if the commission finds that the alternative safety | 77 |
| measures proposed for each public crossing included in the zone | 78 |
| comply with the guidelines for the use and operation of those | 79 |
| measures as set forth in Appendices (A) and (B) of 65 F.R. 2230 to | 80 |
| 2270 and are appropriate and adequate for the crossing. If the | 81 |
| commission disapproves all or part of an application as to a | 82 |
| particular crossing, the commission's order shall state the | 83 |
| findings and reasons for disapproval. Nothing in this section | 84 |
| precludes the subsequent filing of a substantially modified | 85 |
| application by the municipal corporation. | 86 |
| Sec. 4955.46. (A) At least ninety days prior to the date of | 87 |
| first operation of a demonstration railroad quiet zone established | 88 |
| pursuant to section 4955.43, 4955.44, or 4955.45 of the Revised | 89 |
| Code, the municipal corporation shall provide detailed, written | 90 |
| notice of the established zone by certified mail, return receipt | 91 |
| requested, to each railroad operating over a public grade crossing | 92 |
| included in the zone, the highway or traffic control authority or | 93 |
| law enforcement authority having responsibility for control of | 94 |
| vehicular traffic at the crossings, the public utilities | 95 |
| commission, the director of public safety, and the associate | 96 |
| administrator for safety for the federal railroad administration. | 97 |
| (B) For each demonstration railroad quiet zone established | 98 |
| pursuant to section 4955.43, 4955.44, or 4955.45 of the Revised | 99 |
| Code, the commission shall issue an order expressly prohibiting | 100 |
| any engineer or other person in charge of a locomotive from | 101 |
| sounding any locomotive whistle, horn, bell, or other audible | 102 |
| warning device within the distance of each public crossing in the | 103 |
| zone, as that distance is designated pursuant to the ordinance and | 104 |
| subsequently specified in the order or, in the case of a zone | 105 |
| established pursuant to section 4955.45 of the Revised Code, as | 106 |
| that distance is specified in the commission's order issued under | 107 |
| that section. | 108 |
| (B) The establishment of a demonstration railroad quiet zone | 115 |
| pursuant to sections 4955.41 to 4955.49 of the Revised Code does | 116 |
| not preclude the sounding of a locomotive whistle, horn, bell, or | 117 |
| other audible device by an engineer or other person in charge of | 118 |
| the locomotive to address a perceived potential for injury, death, | 119 |
| or loss to person or property, as determined by the sole judgment | 120 |
| of the engineer or other person. | 121 |
| Sec. 4955.48. (A) Each municipal corporation that has | 122 |
| established a demonstration railroad quiet zone pursuant to | 123 |
| sections 4955.41 to 4955.49 of the Revised Code shall submit a | 124 |
| report to the commission every three years after the date of first | 125 |
| operation of the zone. The report shall be in such form and | 126 |
| contain such information as the commission shall prescribe by | 127 |
| rule, including, but not limited to, information on the number of | 128 |
| traffic citations issued at the crossing, roadway traffic counts | 129 |
| at the crossing, and changes to the crossing and roadway due to | 130 |
| construction or improvements. | 131 |
| (C) The commission at any time and by order, after notice and | 139 |
| opportunity for the filing of comments, may require at a public | 140 |
| grade crossing in a demonstration railroad quiet zone established | 141 |
| pursuant to section 4955.45 of the Revised Code the implementation | 142 |
| and use of such safety measures as it considers necessary and | 143 |
| appropriate to ensure that safety measures are appropriate and | 144 |
| adequate for the crossing or to ensure compliance with an order | 145 |
| issued under division (C) of that section or with the guidelines | 146 |
| for the use and operation of those measures as set forth in | 147 |
| Appendices (A) and (B) of 65 F.R. 2230 to 2270, including to the | 148 |
| extent such guidelines are applicable upon any adoption of | 149 |
| regulations pursuant to the "Swift Rail Development Act," Pub. L. | 150 |
| No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153. | 151 |
| Sec. 4955.49. (A) Notwithstanding any other provision of | 152 |
| law, the designation, establishment, design, construction, | 153 |
| implementation, operation, repair, or maintenance of, or the lack | 154 |
| of any of the preceding for, a public grade crossing included in a | 155 |
| demonstration railroad quiet zone established pursuant to sections | 156 |
| 4955.41 to 4955.49 of the Revised Code is a governmental function | 157 |
| under section 2744.01 of the Revised Code. | 158 |
| (B) Sections 9.85 to 9.87 and Chapter 2743. of the Revised | 159 |
| Code specify the liability of this state or an officer or employee | 160 |
| of this state with respect to a civil action brought for a | 161 |
| violation of any provision of sections 4955.41 to 4955.49 of the | 162 |
| Revised Code or any order issued under those sections. As used in | 163 |
| this division, "state" has the same meaning as in section 2743.01 | 164 |
| of the Revised Code, and "officer or employee" has the same | 165 |
| meaning as in section 9.85 of the Revised Code. | 166 |