CORRECTIVE REPRINT
PRINTING PLANT ERROR
PRIOR PRINTER'S NO. 4118 PRINTER'S NO. 4144
No. 2912 Session of 1990
INTRODUCED BY VEON, McNALLY, COY, PETRARCA, MAYERNIK, TRELLO,
RYBAK, SALOOM, BILLOW, HAGARTY, E. Z. TAYLOR, MIHALICH,
LEVDANSKY, WAMBACH, TANGRETTI, PESCI, TIGUE, CALTAGIRONE,
PRESSMANN, COLAIZZO, WILLIAMS, RAYMOND, DeLUCA, ADOLPH,
MELIO, LAUGHLIN, KOSINSKI, OLASZ, CIVERA, STABACK, PISTELLA,
HAYDEN, GIGLIOTTI, WOZNIAK, COHEN AND KASUNIC,
SEPTEMBER 26, 1990
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, SEPTEMBER 26, 1990
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, defining "railroad right-of-way"; and
3 regulating inspection of highway rail crossing safety
4 devices.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 102 of Title 66 of the Pennsylvania
8 Consolidated Statutes is amended by adding a definition to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this part which are applicable to specific
12 provisions of this part, the following words and phrases when
13 used in this part shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 * * *
1 "Railroad right-of-way." The real estate owned by or over
2 which any common carrier by railroad owns an easement or right-
3 of-way for the conveyance of passengers and the transportation
4 of freight by rail. A railroad right-of-way shall be deemed a
5 public right-of-way for the purposes of conveying passengers and
6 transporting freight by rail. Exclusive control and operation of
7 the motive power over a railroad right-of-way shall reside with
8 the common carrier railroad or by agreement with another common
9 carrier railroad.
10 * * *
11 Section 2. Section 2707 of Title 66 is amended by adding a
12 subsection to read:
13 § 2707. Inspection of highway crossing safety devices.
14 * * *
15 (f) Penalties.--Railroads or carriers who fail to comply
16 with highway crossing safety standards prescribed by this
17 section shall be subject to a civil penalty assessed by the
18 commission in an amount of not less than $250 nor more than
19 $10,000, except that, where a grossly negligent violation or a
20 pattern of repeated violations has created an imminent hazard of
21 death or injury to persons or has caused death or injury, a
22 penalty of not to exceed $20,000 may be assessed.
23 Section 3. Section 2708 of Title 66 is repealed.
24 Section 4. Section 5 of the act of June 30, 1988 (P.L.481,
25 No.81), entitled "An act amending Title 66 (Public Utilities) of
26 the Pennsylvania Consolidated Statutes, further providing for
27 the definition of 'common carrier by motor vehicle' and
28 'contract carrier by motor vehicle'; and providing for
29 inspection of highway crossing safety devices by railroads or
30 carriers," is repealed.
19900H2912B4144 - 2 -
1 Section 5. Sections 3 and 4 of this act shall be retroactive
2 to June 30, 1990, if enacted after that date.
3 Section 6. This act shall take effect immediately.
F29L66DGS/19900H2912B4144 - 3 -