THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRARCA, BARBIN, K. BOYLE, COHEN, DAVIS, GALLOWAY, HALUSKA, HARKINS, HORNAMAN, JOSEPHS, KULA, MARSHALL, MUNDY, MURPHY AND NEUMAN, JUNE 25, 2011

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 25, 2011  

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, further providing for definitions; and

prohibiting railroads from operating railroad locomotives in

reverse in certain instances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 66 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this part which are applicable to specific

provisions of this part, the following words and phrases when

used in this part shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Class I railroad."  As defined under 49 CFR Pt. 1201

(relating to railroad companies).

"Class II railroad."  As defined under 49 CFR Pt. 1201

(relating to railroad companies).

"Class III railroad."  As defined under 49 CFR Pt. 1201

(relating to railroad companies).

* * *

Section 2.  Title 66 is amended by adding a section to read:

§ 2710.  Operating railroad locomotives in reverse.

(a)  General rule.--No Class I railroad operating in this

Commonwealth may operate a railroad locomotive in reverse or

backup position on any main line or secondary line unless one of

the following applies:

(1)  When an emergency exists.

(2)  While performing switching operations.

(3)  Where the railroad locomotive is engaged in the

transportation of passengers.

(b)  Penalty.--Any railroad that violates this section shall

be subject to a fine of $1,000 for each violation.

(c)  Regulation.--The commission shall promulgate the rules

and regulations necessary for the implementation of this

section.

(d)  Enforcement.--The commission shall enforce this section

and may issue orders as may be proper to require compliance with

this section.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Operate a railroad locomotive in reverse or backup

position."  To operate a railroad locomotive such that the

smokestack or diesel vent is in front of the operator when the

operator faces the track ahead.

Section 3.  This act shall take effect in 60 days.