PRINTER'S NO. 4476
No. 2917 Session of 2002
INTRODUCED BY MAHER, GEIST, BENNINGHOFF, BROWNE, CAPPELLI,
COSTA, HERMAN, HUTCHINSON, NICKOL, TIGUE, WANSACZ, WILT AND
YUDICHAK, OCTOBER 15, 2002
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 15, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of trespassing on
3 railroad property; and providing for penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3504. Trespassing on railroad property.
9 (a) Trespassing on railroad property.--
10 (1) A person commits an offense if, without lawful
11 authority or the railroad carrier's consent, he enters or
12 remains upon property that he knows or reasonably should have
13 known to be railroad property, including the railroad right-
14 of-way or yard, by an act including, but not limited to:
15 (i) Standing, sitting, resting, walking, jogging,
16 running, driving or operating a recreational or
17 nonrecreational vehicle, including, but not limited to, a
18 bicycle, motorcycle, snowmobile, all-terrain vehicle, car
1 or truck.
2 (ii) Engaging in recreational activity, including,
3 but not limited to, bicycling, hiking, fishing, camping,
4 cross-country skiing or hunting, except for the purpose
5 of crossing such property at a public highway or other
6 authorized crossing.
7 (2) An offense under this subsection constitutes a
8 misdemeanor of the third degree if the offender damages the
9 premises. Otherwise it is a summary offense.
10 (b) Stowaways prohibited.--
11 (1) A person commits an offense if, without lawful
12 authority or the railroad carrier's consent, he rides on the
13 outside of a train or inside a passenger car, locomotive or
14 freight car, including a box car, flatbed or container.
15 (2) An offense under this subsection constitutes a
16 misdemeanor of the third degree.
17 (c) Persons with lawful authority to be on specified
18 railroad property.--Subsections (a) and (b) do not apply to:
19 (1) Passengers on trains or employees of a railroad
20 carrier while engaged in the performance of their official
21 duties.
22 (2) Police officers, firefighters, peace officers and
23 emergency response personnel while engaged in the performance
24 of their official duties.
25 (3) A person going upon railroad property in an
26 emergency to rescue a person or animal, such as livestock,
27 pets or wildlife, in imminent danger of death or serious
28 physical injury or to remove an object that the person
29 reasonably believes to pose an imminent danger of death or
30 serious physical injury.
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1 (4) A person on the station grounds or in the depot of
2 the railroad carrier as a passenger or for the purpose of
3 transacting lawful business.
4 (5) A person or the person's family, invitee, employee
5 or independent contractor going upon a railroad's right-of-
6 way for the purpose of crossing at a private crossing site
7 approved by the railroad carrier to obtain access to land
8 that the person owns, leases or operates.
9 (6) A person having written permission from the railroad
10 carrier to go upon the railroad property in question.
11 (7) Representatives of the Department of Transportation
12 and the Pennsylvania Public Utility Commission while engaged
13 in the performance of their official duties.
14 (8) Representatives of the Federal Railroad
15 Administration while engaged in the performance of their
16 official duties.
17 (9) Representatives of the National Transportation
18 Safety Board while engaged in the performance of their
19 official duties.
20 (d) Definitions.--As used in this section, the following
21 words and phrases shall have the meanings given to them in this
22 subsection:
23 "Passengers." Persons who are traveling by train with lawful
24 authority and who do not participate in the train's operation.
25 The term does not include stowaways.
26 "Railroad." Any form of nonhighway ground transportation
27 that runs on rails or electromagnetic guideways, including, but
28 not limited to:
29 (1) Commuter or other short-haul railroad passenger
30 service in a metropolitan or suburban area.
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1 (2) High-speed ground transportation systems that
2 connect metropolitan areas, but not rapid transit operations
3 in an urban area that are not connected to the general
4 railroad system of transportation.
5 "Railroad carrier." A person providing railroad
6 transportation.
7 "Railroad carrier's consent." Written or other affirmative
8 communication of permission to be on railroad property. Consent
9 shall not be implied.
10 "Railroad property." All tangible property owned, leased or
11 operated by a railroad carrier, including a right-of-way, track,
12 bridge, yard, shop, station, tunnel, viaduct, trestle, depot,
13 warehouse, terminal or any other structure, appurtenance or
14 equipment owned, leased or used in the operation of any railroad
15 carrier including a train, locomotive, engine, railroad car,
16 work equipment, rolling stock or safety device. The term does
17 not include a railroad carrier's administrative building or
18 offices, office equipment or intangible property such as
19 computer software or other information.
20 "Right-of-way." The track or roadbed owned, leased or
21 operated by a railroad carrier which is located on either side
22 of its tracks and which is readily recognizable to a reasonable
23 person as being railroad property or is reasonably identified as
24 such by fencing or appropriate signs.
25 "Yard." A system of parallel tracks, crossovers and switches
26 where railroad cars are switched and made up into trains and
27 where railroad cars, locomotives and other rolling stock are
28 kept when not in use or when awaiting repairs.
29 Section 2. This act shall take effect in 60 days.
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