H. B. 4724
(By Delegates Butcher, L. Smith, Warner,
Linch, Dempsey, Boggs and Coleman)
[Introduced February 25, 2000; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact section one-a, article three, chapter
twenty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring an
occupied caboose at the rear of each train traveling in West
Virginia.
Be it enacted by the Legislature of West Virginia:
That section one-a, article three, chapter twenty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO
REGULATIONS OF COMMISSION.
§24-3-1a. Definitions; telemetry systems and occupied caboose
required.
(a) As used in this article:
(1) "Head end device" means a device located on the lead locomotive of a railroad train designed to receive information from
the rear end device. It may also be used to transmit information
to the rear end device;
(2) "Mainline" means a railroad track extending through
railroad yards and between stations which must not be occupied
without authority or protection;
(3) "Rear end device" means a device located on the rear car
of a railroad train designed to transmit information to the head
end device and equipped with a rear marker light, red in color, and
at least one hundred, but not more than one thousand, candela. It
may also be used to receive information from the head end device;
(4) "Telemetry system" means a radio transmitter and receiver
system between a front end device and a rear end device which
indicates through a display at the head end device the following:
(i) Brake pipe pressure at the rear of the train, displayed in
increments of one pound per square inch;
(ii) Rear car movement;
(iii) Whether the rear marker light is operating;
(iv) Remaining battery life powering the system;
(v) Any interruption in radio transmission as established by
a distance measuring device at the rear end device; and
(vi) The location of the rear of the train as established by
a distance measuring device at the rear end device.
(b) It is unlawful to No person may operate a railroad train over one thousand five hundred feet in length on any mainline track
or within any railroad yard, without an occupied caboose as the
rear car of such the train and unless it is equipped with an
operable telemetry system.
(c) No train may depart any crew change point or its point of
origin unless the train is equipped with an occupied caboose and a
telemetry system as required by this article. Any inoperable
system shall be repaired or replaced before leaving the point of
origin or at crew change point.
(d) The rear marker light required by this article shall be
flashing during the period from one hour before sunset until one
hour after sunrise.
(e) Beginning the first day of July, one thousand nine hundred
ninety-one All telemetry devices shall be equipped so that an
emergency application of the brakes of the train can be initiated
at the rear car of the train either by the engineer in the lead or
controlling locomotive or by a crew member riding on the rear car.
It is unlawful to No person may institute any disciplinary
action or other adverse administrative or employment action against
any person who reports a violation or acts to enforce the
provisions of this article. Such The person's remedies under this
chapter shall be are in addition to any other remedies that might
be available to such the person.
NOTE: The purpose of this bill is to require an occupied
caboose at the rear of each train traveling in West Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.