HOUSE AMENDED
PRIOR PRINTER'S NOS. 344, 921 PRINTER'S NO. 2049
No. 321 Session of 1987
INTRODUCED BY PECORA, BELL, SHUMAKER, STOUT, SHAFFER, ROMANELLI,
PETERSON, KELLEY, STAPLETON, MOORE, REIBMAN, CORMAN, LEMMOND,
ANDREZESKI, BODACK, FISHER, RHOADES AND ARMSTRONG,
FEBRUARY 11, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 16, 1988
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, FURTHER PROVIDING FOR THE DEFINITIONS <--
3 OF "COMMON CARRIER BY MOTOR VEHICLE" AND "CONTRACT CARRIER BY
4 MOTOR VEHICLE"; AND providing for inspection of highway
5 crossing safety devices by railroads or carriers.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 SECTION 1. THE DEFINITION OF "COMMON CARRIER BY MOTOR <--
9 VEHICLE" IN SECTION 102 OF TITLE 66 OF THE PENNSYLVANIA
10 CONSOLIDATED STATUTES IS AMENDED TO READ:
11 § 102. DEFINITIONS.
12 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
13 PROVISIONS OF THIS PART WHICH ARE APPLICABLE TO SPECIFIC
14 PROVISIONS OF THIS PART, THE FOLLOWING WORDS AND PHRASES WHEN
15 USED IN THIS PART SHALL HAVE, UNLESS THE CONTEXT CLEARLY
16 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
17 * * *
1 "COMMON CARRIER BY MOTOR VEHICLE." ANY COMMON CARRIER WHO OR
2 WHICH HOLDS OUT OR UNDERTAKES THE TRANSPORTATION OF PASSENGERS
3 OR PROPERTY, OR BOTH, OR ANY CLASS OF PASSENGERS OR PROPERTY,
4 BETWEEN POINTS WITHIN THIS COMMONWEALTH BY MOTOR VEHICLE FOR
5 COMPENSATION, WHETHER OR NOT THE OWNER OR OPERATOR OF SUCH MOTOR
6 VEHICLE, OR WHO OR WHICH PROVIDES OR FURNISHES ANY MOTOR
7 VEHICLE, WITH OR WITHOUT DRIVER, FOR TRANSPORTATION OR FOR USE
8 IN TRANSPORTATION OF PERSONS OR PROPERTY AS AFORESAID, AND SHALL
9 INCLUDE COMMON CARRIERS BY RAIL, WATER, OR AIR, AND EXPRESS OR
10 FORWARDING PUBLIC UTILITIES INSOFAR AS SUCH COMMON CARRIERS OR
11 SUCH PUBLIC UTILITIES ARE ENGAGED IN SUCH MOTOR VEHICLE
12 OPERATIONS, BUT DOES NOT INCLUDE:
13 (1) A LESSOR UNDER A LEASE GIVEN ON A BONA FIDE SALE OF
14 A MOTOR VEHICLE WHERE THE LESSOR RETAINS OR ASSUMES NO
15 RESPONSIBILITY FOR MAINTENANCE, SUPERVISION, OR CONTROL OF
16 THE MOTOR VEHICLES SO SOLD.
17 (2) TRANSPORTATION OF SCHOOL CHILDREN FOR SCHOOL
18 PURPOSES OR TO AND FROM [SCHOOL SPONSORED EXTRA CURRICULAR]
19 SCHOOL-RELATED ACTIVITIES WHETHER AS PARTICIPANTS OR
20 SPECTATORS, [TOGETHER WITH CHAPERONS WHO MIGHT ACCOMPANY THEM
21 AS DESIGNATED BY THE BOARD OF SCHOOL DIRECTORS NOT EXCEEDING
22 FIVE IN NUMBER] WITH THEIR CHAPERONES, OR BETWEEN THEIR HOMES
23 AND SUNDAY SCHOOL IN ANY MOTOR VEHICLE OWNED BY THE SCHOOL
24 DISTRICT, PRIVATE SCHOOL OR PAROCHIAL SCHOOL, OR
25 TRANSPORTATION OF SCHOOL CHILDREN BETWEEN THEIR HOMES AND
26 SCHOOL OR TO AND FROM [SCHOOL-SPONSORED EXTRA CURRICULAR OR
27 EDUCATIONAL] SCHOOL-RELATED ACTIVITIES WHETHER AS
28 PARTICIPANTS OR SPECTATORS, [TOGETHER WITH CHAPERONS WHO
29 MIGHT ACCOMPANY THEM AS DESIGNATED BY THE BOARD OF SCHOOL
30 DIRECTORS NOT EXCEEDING FIVE IN NUMBER]WITH THEIR CHAPERONES,
19870S0321B2049 - 2 -
1 IF THE PERSON PERFORMING THE [EXTRA CURRICULAR] SCHOOL-
2 RELATED TRANSPORTATION HAS A CONTRACT FOR THE TRANSPORTATION
3 OF SCHOOL CHILDREN BETWEEN THEIR HOMES AND SCHOOL, WITH THE
4 PRIVATE OR PAROCHIAL SCHOOL, WITH THE SCHOOL DISTRICT OR
5 JOINTURE IN WHICH THE SCHOOL IS LOCATED, OR WITH A SCHOOL
6 DISTRICT THAT IS A MEMBER OF A JOINTURE IN WHICH THE SCHOOL
7 IS LOCATED IF THE JOINTURE HAS NO CONTRACTS WITH OTHER
8 PERSONS FOR THE TRANSPORTATION OF STUDENTS BETWEEN THEIR
9 HOMES AND SCHOOL, AND IF THE PERSON MAINTAINS A COPY OF ALL
10 CONTRACTS IN THE VEHICLE AT ALL TIMES, OR CHILDREN BETWEEN
11 THEIR HOMES AND SUNDAY SCHOOL IN ANY MOTOR VEHICLE OPERATED
12 UNDER CONTRACT WITH THE SCHOOL DISTRICT, PRIVATE SCHOOL OR
13 PAROCHIAL SCHOOL. EACH SCHOOL DISTRICT SHALL ADOPT
14 REGULATIONS REGARDING THE NUMBER OF CHAPERONES TO ACCOMPANY
15 STUDENTS IN CONNECTION WITH SCHOOL-RELATED ACTIVITIES.
16 (3) ANY OWNER OR OPERATOR OF A FARM TRANSPORTING
17 AGRICULTURAL PRODUCTS FROM, OR FARM SUPPLIES TO, SUCH FARM,
18 OR ANY INDEPENDENT CONTRACTOR OR COOPERATIVE AGRICULTURAL
19 ASSOCIATION HAULING AGRICULTURAL PRODUCTS OR FARM SUPPLIES
20 EXCLUSIVELY FOR ONE OR MORE OWNERS OR OPERATORS OF FARMS.
21 (4) ANY PERSON OR CORPORATION WHO OR WHICH USES, OR
22 FURNISHES FOR USE, DUMP TRUCKS FOR THE TRANSPORTATION OF
23 ASHES, RUBBISH, EXCAVATED AND ROAD CONSTRUCTION MATERIALS.
24 (5) TRANSPORTATION OF PROPERTY BY THE OWNER TO HIMSELF,
25 OR TO PURCHASERS DIRECTLY FROM HIM, IN VEHICLES OWNED AND
26 OPERATED BY THE OWNER OF SUCH PROPERTY AND NOT OTHERWISE USED
27 IN TRANSPORTATION OF PROPERTY FOR COMPENSATION FOR OTHERS.
28 (6) TRANSPORTATION OF VOTING MACHINES TO AND FROM
29 POLLING PLACES BY ANY PERSON OR CORPORATION FOR OR ON BEHALF
30 OF ANY POLITICAL SUBDIVISION OF THIS COMMONWEALTH FOR USE IN
19870S0321B2049 - 3 -
1 ANY PRIMARY, GENERAL, MUNICIPAL OR SPECIAL ELECTION.
2 (7) TRANSPORTATION OF PULPWOOD, CHEMICAL WOOD, SAW LOGS
3 OR VENEER LOGS FROM WOODLOTS.
4 (8) TRANSPORTATION BY TOWING OF WRECKED OR DISABLED
5 MOTOR VEHICLES.
6 (9) ANY PERSON OR CORPORATION WHO OR WHICH FURNISHES
7 TRANSPORTATION FOR ANY INJURED, ILL OR DEAD PERSON.
8 * * *
9 SECTION 2. SECTION 2501(B) OF TITLE 66 IS AMENDED TO READ:
10 § 2501. DECLARATION OF POLICY AND DEFINITIONS.
11 * * *
12 (B) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
13 IN THIS PART SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES
14 OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
15 "BROKER." ANY PERSON OR CORPORATION NOT INCLUDED IN THE TERM
16 "MOTOR CARRIER" AND NOT A BONA FIDE EMPLOYEE OR AGENT OF ANY
17 SUCH CARRIER, OR GROUP OF SUCH CARRIERS, WHO OR WHICH, AS
18 PRINCIPAL OR AGENT, SELLS OR OFFERS FOR SALE ANY TRANSPORTATION
19 BY A MOTOR CARRIER, OR THE FURNISHING, PROVIDING, OR PROCURING
20 OF FACILITIES THEREFOR, OR NEGOTIATES FOR, OR HOLDS OUT BY
21 SOLICITATION, ADVERTISEMENT, OR OTHERWISE, AS ONE WHO SELLS,
22 PROVIDES, FURNISHES, CONTRACTS, OR ARRANGES FOR SUCH
23 TRANSPORTATION, OR THE FURNISHING, PROVIDING, OR PROCURING OF
24 FACILITIES THEREFOR, OTHER THAN AS A MOTOR CARRIER DIRECTLY OR
25 JOINTLY, OR BY ARRANGEMENT WITH ANOTHER MOTOR CARRIER, AND WHO
26 DOES NOT ASSUME CUSTODY AS A CARRIER.
27 "CONTRACT CARRIER BY MOTOR VEHICLE."
28 (1) THE TERM "CONTRACT CARRIER BY MOTOR VEHICLE"
29 INCLUDES ANY PERSON OR CORPORATION WHO OR WHICH PROVIDES OR
30 FURNISHES TRANSPORTATION OF PASSENGERS OR PROPERTY, OR BOTH,
19870S0321B2049 - 4 -
1 OR ANY CLASS OF PASSENGERS OR PROPERTY, BETWEEN POINTS WITHIN
2 THIS COMMONWEALTH BY MOTOR VEHICLE FOR COMPENSATION, WHETHER
3 OR NOT THE OWNER OR OPERATOR OF SUCH MOTOR VEHICLE, OR WHO OR
4 WHICH PROVIDES OR FURNISHES, WITH OR WITHOUT DRIVERS, ANY
5 MOTOR VEHICLE FOR SUCH TRANSPORTATION, OR FOR USE IN SUCH
6 TRANSPORTATION, OTHER THAN AS A COMMON CARRIER BY MOTOR
7 VEHICLE.
8 (2) THE TERM "CONTRACT CARRIER BY MOTOR VEHICLE" DOES
9 NOT INCLUDE:
10 (I) A LESSOR UNDER A LEASE GIVEN ON A BONA FIDE SALE
11 OF A MOTOR VEHICLE WHERE THE LESSOR RETAINS OR ASSUMES NO
12 RESPONSIBILITY FOR MAINTENANCE, SUPERVISION OR CONTROL OF
13 THE MOTOR VEHICLE SO SOLD.
14 (II) ANY BONA FIDE AGRICULTURAL COOPERATIVE
15 ASSOCIATION TRANSPORTING PROPERTY EXCLUSIVELY FOR THE
16 MEMBERS OF SUCH ASSOCIATION ON A NONPROFIT BASIS, OR ANY
17 INDEPENDENT CONTRACTOR HAULING EXCLUSIVELY FOR SUCH
18 ASSOCIATION.
19 (III) ANY OWNER OR OPERATOR OF A FARM TRANSPORTING
20 AGRICULTURAL PRODUCTS FROM OR FARM SUPPLIES TO SUCH FARM,
21 OR ANY INDEPENDENT CONTRACTOR HAULING AGRICULTURAL
22 PRODUCTS OR FARM SUPPLIES, EXCLUSIVELY, FOR ONE OR MORE
23 OWNERS OR OPERATORS OF FARMS.
24 (IV) TRANSPORTATION OF SCHOOL CHILDREN FOR SCHOOL
25 PURPOSES OR TO AND [FROM SCHOOL SPONSORED EXTRA
26 CURRICULAR] SCHOOL-RELATED ACTIVITIES WHETHER AS
27 PARTICIPANTS OR SPECTATORS, [TOGETHER WITH CHAPERONS WHO
28 MIGHT ACCOMPANY THEM AS DESIGNATED BY THE BOARD OF SCHOOL
29 DISTRICTS NOT EXCEEDING FIVE IN NUMBER] WITH THEIR
30 CHAPERONES, OR BETWEEN THEIR HOMES AND SUNDAY SCHOOL IN
19870S0321B2049 - 5 -
1 ANY MOTOR VEHICLE OWNED BY THE SCHOOL DISTRICT, PRIVATE
2 SCHOOL OR PAROCHIAL SCHOOL, OR THE TRANSPORTATION OF
3 SCHOOL CHILDREN BETWEEN THEIR HOMES AND SCHOOL OR TO AND
4 FROM [SCHOOL SPONSORED EXTRA CURRICULAR OR EDUCATIONAL]
5 SCHOOL-RELATED ACTIVITIES WHETHER AS PARTICIPANTS OR
6 SPECTATORS, [TOGETHER WITH CHAPERONS WHO MIGHT ACCOMPANY
7 THEM AS DESIGNATED BY THE BOARD OF SCHOOL DIRECTORS NOT
8 EXCEEDING FIVE IN NUMBER] WITH THEIR CHAPERONES, IF THE
9 PERSON PERFORMING THE [EXTRA CURRICULAR] SCHOOL-RELATED
10 TRANSPORTATION HAS A CONTRACT FOR THE TRANSPORTATION OF
11 SCHOOL CHILDREN BETWEEN THEIR HOMES AND SCHOOL, WITH THE
12 PRIVATE OR PAROCHIAL SCHOOL, WITH THE SCHOOL DISTRICT OR
13 JOINTURE IN WHICH THE SCHOOL IS LOCATED, OR WITH A SCHOOL
14 DISTRICT THAT IS A MEMBER OF A JOINTURE IN WHICH THE
15 SCHOOL IS LOCATED IF THE JOINTURE HAS NO CONTRACTS WITH
16 OTHER PERSONS FOR THE TRANSPORTATION OF STUDENTS BETWEEN
17 THEIR HOMES AND SCHOOL, AND IF THE PERSON MAINTAINS A
18 COPY OF ALL CONTRACTS IN THE VEHICLE AT ALL TIMES, OR
19 CHILDREN BETWEEN THEIR HOMES AND SUNDAY SCHOOL IN ANY
20 MOTOR VEHICLE OPERATED UNDER CONTRACT WITH THE SCHOOL
21 DISTRICT, PRIVATE SCHOOL OR PAROCHIAL SCHOOL. EACH SCHOOL
22 DISTRICT SHALL ADOPT REGULATIONS REGARDING THE NUMBER OF
23 CHAPERONES TO ACCOMPANY STUDENTS IN CONNECTION WITH
24 SCHOOL-RELATED ACTIVITIES.
25 (V) ANY PERSON OR CORPORATION WHO OR WHICH USES, OR
26 FURNISHES FOR USE, DUMP TRUCKS FOR THE TRANSPORTATION OF
27 ASHES, RUBBISH, EXCAVATED OR ROAD CONSTRUCTION MATERIALS.
28 (VI) TRANSPORTATION OF VOTING MACHINES TO AND FROM
29 POLLING PLACES BY ANY PERSON OR CORPORATION FOR OR ON
30 BEHALF OF ANY POLITICAL SUBDIVISION OF THIS COMMONWEALTH
19870S0321B2049 - 6 -
1 FOR USE IN ANY PRIMARY, GENERAL OR SPECIAL ELECTION.
2 (VII) TRANSPORTATION OF PULPWOOD, CHEMICAL WOOD, SAW
3 LOGS OR VENEER LOGS FROM WOODLOTS.
4 (VIII) TRANSPORTATION BY TOWING OF WRECKED OR
5 DISABLED MOTOR VEHICLES.
6 (IX) ANY PERSON OR CORPORATION WHO OR WHICH
7 FURNISHES TRANSPORTATION FOR ANY INJURED, ILL OR DEAD
8 PERSON.
9 Section 1 3. Title 66 of the Pennsylvania Consolidated <--
10 Statutes is amended by adding a section SECTIONS to read: <--
11 § 2707. Inspection of highway crossing safety devices.
12 (a) General rule.--Railroads or carriers shall be required
13 to inspect highway crossing safety devices as required by this
14 section.
15 (b) Monthly inspection.--At least once a month, the
16 railroads or carriers shall:
17 (1) Inspect the relays to ascertain proper condition.
18 (2) Open the alternating current power feed to place the
19 installation on standby battery.
20 (3) Operate the crossing protection and determine that
21 there are no burned out lamps and that the auxiliary devices
22 such as crossing bells and no turn and second train signs are
23 operating properly.
24 (4) Measure the voltage of the main batteries at the
25 crossing while the charge is off and batteries are supplying
26 the lighting load and record the values.
27 (5) Wipe off the flasher roundels and determine as far
28 as practicable that the adjustment of focus has not been
29 disturbed.
30 (6) Observe that no obstruction interferes with the gate
19870S0321B2049 - 7 -
1 operation or obscures views of the lamps.
2 (7) Restore the alternating current power and protection
3 to normal operation and determine that all rectifiers are
4 energized by alternating current.
5 (8) Measure the voltage of the main batteries and track
6 cells while the cells are on charge and record the values.
7 (9) Inspect the main and track batteries at the highway
8 location for the height of the electrolyte, tightness of
9 connections and cleanliness.
10 (c) Quarterly inspection.--At least once every three months,
11 the railroads or carriers shall:
12 (1) Check the actual charging current, not the rectifier
13 output, of all batteries at highway and approach locations
14 and record the information on the battery record card.
15 (2) Inspect all bond and fouling wires within the
16 approaches to the crossing.
17 (d) Annual inspection.--At least annually, the railroads or
18 carriers shall:
19 (1) Check the visibility and focus of signals; and check
20 the visibility and condition of signs, including railroad
21 advance warning signs on the highway and crossing signs or
22 their equivalent.
23 (2) Check the electric gates to ascertain that when the
24 gates start to assume the horizontal position flashing lights
25 start to operate. Check the gates to see that they reach the
26 full horizontal position per the manufacturer's instructions.
27 (3) Check the electric gates to see that the gates raise
28 to full upright position in not less than the time required
29 per the manufacturer's instructions.
30 (4) Check the number of flashes per minute and adjust
19870S0321B2049 - 8 -
1 per the manufacturer's instructions.
2 (5) Check the flashing contacts by observing that at
3 least one lamp on each crossarm is burning when the flasher
4 is at rest.
5 (6) Check the voltage at lamps after the alternating
6 current power has been off and the flashers have operated for
7 12 minutes. Gate arm lamp voltages should be checked at the
8 junction box or gate mechanism case.
9 (7) Take the hydrometer readings on all nickel iron and
10 nickel cadmium cells to ascertain that the specific gravity
11 is in accordance with the manufacturer's specifications.
12 Values and temperature of the electrolyte shall be recorded
13 on the battery record card.
14 (8) Take the specific gravity readings of the lead acid
15 type batteries at the main and approach locations in
16 accordance with the manufacturer's instructions before the
17 addition of water.
18 (9) Where the circuit controllers are in service on
19 outlying switches to cut out operating of crossing
20 protection, test each circuit controller with proper
21 obstruction between the switch point and stock rail when the
22 switch is reversed and observe that the relay so controlled
23 functions as intended.
24 (10) Check the gate arm torque adjustment in accordance
25 with the manufacturer's instruction.
26 (11) Check the time delay of starting circuits.
27 (12) Check the time delay of cut-out circuits.
28 (13) Where protection is automatic using directional
29 stick relays, check the operation for each track in each
30 direction and, after the tests are completed, observe that
19870S0321B2049 - 9 -
1 the directional stick relays are deenergized.
2 (14) Test the grade crossing predictors, motion sensors
3 and overlay track circuits in accordance with the
4 manufacturer's instructions.
5 (e) Records.--All inspections, tests and any corrective
6 action taken shall be recorded. A set of blueprints shall be
7 kept at every highway crossing protection location. They shall
8 be kept up to date and pertain to that specific location.
9 § 2708. ALTERNATIVE COMPLIANCE. <--
10 RAILROADS OR CARRIERS SHALL BE DEEMED TO HAVE COMPLIED WITH
11 SECTION 2707 (RELATING TO INSPECTION OF HIGHWAY CROSSING SAFETY
12 DEVICES) IF THEY ARE IN COMPLIANCE WITH THEIR OWN STANDARDS
13 WHICH HAVE BEEN FILED AND APPROVED BY THE SECRETARY OF
14 TRANSPORTATION. THE SECRETARY SHALL APPROVE THE STANDARDS IF
15 THEY RESULT IN A LEVEL OF SAFETY EQUAL TO OR GREATER THAN THE
16 INSPECTION PROCEDURES CONTAINED IN SECTION 2707. IN APPROVING
17 SUCH STANDARDS THE SECRETARY SHALL CONSIDER, AMONG OTHER THINGS,
18 THE TECHNOLOGICAL ADVANCES IN HIGHWAY CROSSING SAFETY DEVICES
19 AND MAINTENANCE OF SUCH DEVICES.
20 Section 2 4. The Pennsylvania Public Utility Commission <--
21 shall adopt regulations within 90 days of the effective date of
22 this act in order to implement this act.
23 SECTION 5. THE PROVISIONS CONTAINED IN SECTIONS 1 AND 2 OF <--
24 THIS ACT SHALL EXPIRE ON OR BEFORE JUNE 30, 1990, UNLESS
25 EXTENDED BY STATUTE.
26 Section 3 6. This act shall take effect in 60 days. <--
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