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        PRIOR PRINTER'S NO. 1444                      PRINTER'S NO. 3221

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1247 Session of 2001


        INTRODUCED BY VEON, GEIST, LAUGHLIN, CALTAGIRONE, GEORGE,
           THOMAS, McCALL, SOLOBAY, WOJNAROSKI, WALKO, CAPPABIANCA,
           ROONEY, MELIO, WANSACZ, SHANER, GRUCELA, D. EVANS, STEELMAN,
           BASTIAN, KIRKLAND, J. WILLIAMS, BELARDI, EACHUS, YOUNGBLOOD,
           M. COHEN, DeLUCA, MUNDY, STABACK, DIVEN, HARHAI, COLAFELLA,
           ROBERTS, YUDICHAK AND DALLY, APRIL 2, 2001

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JANUARY 30, 2002

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, FURTHER PROVIDING FOR DEFINITIONS; AND  <--
     3     prohibiting railroads from operating railroad locomotives in
     4     reverse in certain instances.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 66 of the Pennsylvania Consolidated          <--
     8  Statutes is amended by adding a section to read:
     9     SECTION 1.  SECTION 102 OF TITLE 66 OF THE PENNSYLVANIA        <--
    10  CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS TO READ:
    11  § 102.  DEFINITIONS.
    12     SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
    13  PROVISIONS OF THIS PART WHICH ARE APPLICABLE TO SPECIFIC
    14  PROVISIONS OF THIS PART, THE FOLLOWING WORDS AND PHRASES WHEN
    15  USED IN THIS PART SHALL HAVE, UNLESS THE CONTEXT CLEARLY
    16  INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:


     1     * * *
     2     "CLASS I RAILROAD."  AS DEFINED UNDER 49 CFR PT. 1201
     3  (RELATING TO RAILROAD COMPANIES).
     4     "CLASS II RAILROAD."  AS DEFINED UNDER 49 CFR PT. 1201
     5  (RELATING TO RAILROAD COMPANIES).
     6     "CLASS III RAILROAD."  AS DEFINED UNDER 49 CFR PT. 1201
     7  (RELATING TO RAILROAD COMPANIES).
     8     * * *
     9     SECTION 2.  TITLE 66 IS AMENDED BY ADDING A SECTION TO READ:
    10  § 2710.  Operating railroad locomotives in reverse.
    11     (a)  General rule.--No CLASS I railroad operating in this      <--
    12  Commonwealth may operate any A railroad locomotive in reverse or  <--
    13  backup position on any main line or lateral SECONDARY line,       <--
    14  unless one of the following applies:
    15         (1)  When an emergency exists.
    16         (2)  While performing switching operations.
    17         (3)  Where the railroad locomotive is solely engaged in    <--
    18     the transportation of passengers. for tourist or public        <--
    19     entertainment purposes.
    20     (b)  Penalty.--Any railroad that violates this section shall
    21  be subject to a fine of $1,000 for each violation.
    22     (c)  Regulation.--The commission shall promulgate the rules
    23  and regulations necessary for the implementation of this
    24  section.
    25     (d)  Enforcement.--The commission shall enforce this section
    26  and may issue orders as may be proper to require compliance with
    27  this section.
    28     (E)  DEFINITION.--AS USED IN THIS SECTION, THE TERM "OPERATE   <--
    29  A RAILROAD LOCOMOTIVE IN REVERSE OR BACKUP POSITION" MEANS TO
    30  OPERATE A RAILROAD LOCOMOTIVE SUCH THAT THE SMOKESTACK OR DIESEL
    20010H1247B3221                  - 2 -

     1  VENT IS IN FRONT OF THE OPERATOR WHEN THE OPERATOR FACES THE
     2  TRACK AHEAD.
     3     Section 2 3.  This act shall take effect in 60 days.           <--


















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