H. B. 2257
(By Delegates Butcher, L. Smith, Warner,
Dempsey, Boggs and Coleman)
[Introduced
February 16, 2001
; 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.