H. B. 2115
(By Delegates Brown and Hatfield)
[Introduced February 9, 2005; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §31-2-8 of the code of West Virginia,
1931, as amended, relating to authorizing counties and
municipalities to apply to the Department of Transportation to
require train locomotives to reduce noise at railroad
crossings by sounding bells instead of horns or whistles.
Be it enacted by the Legislature of West Virginia:
That §31-2-8 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. RAILROAD COMPANIES.
§31-2-8. Warning of approach of train at crossings; crossing
railroad tracks.
A bell, horn or steam whistle shall be placed on each
locomotive engine, which shall be rung, blown or whistled by the
engineer or fireman, at a distance of at least sixty rods from the
place where the railroad crosses any public street or highway, and be kept ringing, blowing or whistling for a time sufficient to give
due notice of the approach of such the train before such the street
or highway is reached, and any failure so to do comply with this
requirement is a misdemeanor punishable by a fine of not exceeding
of not more than one hundred dollars; and the corporation owning or
operating the railroad shall be is liable to any party injured for
all damages sustained by reason of such the neglect: Provided,
That every railroad company that operates trains in this state
shall place on each engine a bell, not less than thirty pounds,
which is capable of ringing continuously when approaching a grade
crossing of a highway: Provided, however, That the governing body
of a county or municipality in this state that has employed
supplementary safety measures approved by the Federal Railroad
Administration or the secretary of transportation of the United
States pursuant to 49 U.S.C. §20153 as fully compensating for the
absence of the warning provided by the locomotive horn or whistle
and which has received a waiver or exemption under 49 U.S.C.
§20153(d) may make application to the secretary of transportation
to exempt railroad companies that operate trains in the county or
municipality from blowing a locomotive horn or whistle when
approaching a grade crossing located in the county or municipality.
For the purposes of this section, a "supplementary safety measure"
means a safety system or procedure provided by the appropriate
traffic control authority or law-enforcement authority responsible for safety at the highway-rail grade crossing, that is determined
by the secretary of transportation of the United States to be an
effective substitute for the locomotive horn in the prevention of
highway-rail casualties: Provided further, That if the secretary
in his or her discretion grants the application, he or she shall
require that a railroad company whose train operates in the county
or municipality order its locomotives to not sound a whistle or
horn in the county or municipality between the hours of nine
o'clock postmeridian and seven o'clock antemeridian, but instead
require that a bell weighing not less than thirty pounds be rung.
When the tracks, other than switch or sidetracks, of two railroads
cross each other, or in any way connect at a common grade, the
crossing shall be made and kept in repair, and watchmen maintained
thereat at the joint expense of the companies owning the tracks;
all trains or engines passing over such tracks shall come to a full
stop not nearer than two hundred feet nor farther than eight
hundred feet from the crossing and shall may not cross until
signaled so to do by the watchman, nor until the way is clear; and
when two passenger or freight trains approach the crossing at the
same time, the train on the road first built shall have precedence
has priority if the tracks are both main tracks over which all
passengers and freights on the roads are transported; but if only
one track is such the main track, and the other is a side or depot
track, the train on the main track shall have precedence has priority; and if one of the trains is a passenger train and the
other a freight train, the former shall take precedence; passenger
train has priority; and regular trains on time shall take
precedence have priority over trains of the same grade not on time,
and engines with cars attached not on time shall take precedence
have priority over engines without cars not on time: And provided
further, That if such two railroads crossing each other, or in any
way connecting at a common grade, by works or fixtures to be
erected by them render it safe to pass over such the crossing
without stopping, and such the works and fixtures first be are
approved by the Public Service Commission, of West Virginia and the
plan thereof for such for the crossing designating the plan of
crossing has been filed with said the commission and approved by
it, the provisions of this section relating to railroad crossings
shall do not apply.
NOTE: The purpose of this bill is to authorize counties and
municipalities to apply to the Department of Transportation to
require train locomotives to reduce noise at railroad crossings by
sounding bells instead of horns or whistles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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