PRIOR PRINTER'S NO. 1319 PRINTER'S NO. 2380
No. 1117 Session of 2003
INTRODUCED BY MAHER, GEIST, BENNINGHOFF, BUNT, CAPPELLI, CIVERA,
COY, HARHAI, HERMAN, HORSEY, LAUGHLIN, McCALL, MELIO,
S. MILLER, PAYNE, SATHER, STERN, WASHINGTON, WATSON, WILT AND
YOUNGBLOOD, APRIL 9, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 8, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of trespassing on
3 railroad property; and providing for penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3504. Trespassing on railroad property. <--
9 (a) Trespassing on railroad property.--
10 (1) A person commits an offense if, without lawful
11 authority or the railroad carrier's consent, he enters or
12 remains upon property that he knows or reasonably should have
13 known to be railroad property, including the railroad right-
14 of-way or yard, by an act including, but not limited to:
15 (i) Standing, sitting, resting, walking, jogging,
16 running, driving or operating a recreational or
17 nonrecreational vehicle, including, but not limited to, a
1 bicycle, motorcycle, snowmobile, all-terrain vehicle, car
2 or truck.
3 (ii) Engaging in recreational activity, including,
4 but not limited to, bicycling, hiking, fishing, camping,
5 cross-country skiing or hunting, except for the purpose
6 of crossing such property at a public highway or other
7 authorized crossing.
8 (2) An offense under this subsection constitutes a
9 misdemeanor of the third degree if the offender damages the
10 premises. Otherwise it is a summary offense.
11 § 3504. RAILROAD PROTECTION, RAILROAD VANDALISM AND <--
12 INTERFERENCE WITH TRANSPORTATION FACILITIES.
13 (A) DAMAGE TO RAILROAD OR DELAY OF RAILROAD OPERATIONS.--
14 (1) A PERSON COMMITS AN OFFENSE IF, WITHOUT LAWFUL
15 AUTHORITY OR THE RAILROAD CARRIER'S CONSENT, HE CAUSES DAMAGE
16 TO PROPERTY THAT HE KNOWS OR REASONABLY SHOULD HAVE KNOWN TO
17 BE RAILROAD PROPERTY, INCLUDING THE RAILROAD RIGHT-OF-WAY OR
18 YARD, OR CAUSES A DELAY IN RAILROAD OPERATIONS, BY AN ACT
19 INCLUDING, BUT NOT LIMITED TO:
20 (I) KNOWINGLY, PURPOSEFULLY OR RECKLESSLY
21 DISRUPTING, DELAYING OR PREVENTING THE OPERATION OF ANY
22 TRAIN, JITNEY, TROLLEY OR ANY OTHER FACILITY OF
23 TRANSPORTATION.
24 (II) DRIVING OR OPERATING A RECREATIONAL VEHICLE OR
25 NONRECREATIONAL VEHICLE, INCLUDING, BUT NOT LIMITED TO, A
26 BICYCLE, MOTORCYCLE, SNOWMOBILE, ALL-TERRAIN VEHICLE, CAR
27 OR TRUCK.
28 (III) KNOWINGLY, PURPOSEFULLY OR RECKLESSLY DAMAGING
29 RAILROAD PROPERTY, RAILROAD INFRASTRUCTURE OR RAILROAD
30 EQUIPMENT OR USING RAILROAD PROPERTY TO ACCESS ADJOINING
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1 PROPERTY TO COMMIT ACTS OF VANDALISM, THEFT OR OTHER
2 CRIMINAL ACTS.
3 (2) AN OFFENSE UNDER THIS SUBSECTION CONSTITUTES A
4 MISDEMEANOR OF THE THIRD DEGREE.
5 (b) Stowaways prohibited.--
6 (1) A person commits an offense if, without lawful
7 authority or the railroad carrier's consent, he rides on the
8 outside of a train or inside a passenger car, locomotive or
9 freight car, including a box car, flatbed or container.
10 (2) An offense under this subsection constitutes a
11 misdemeanor of the third degree.
12 (c) Persons with lawful authority to be on specified <--
13 railroad property.--Subsections (a) and (b) do not apply to:
14 (1) Passengers on trains or employees of a railroad
15 carrier while engaged in the performance of their official
16 duties.
17 (2) Police officers, firefighters, peace officers and
18 emergency response personnel while engaged in the performance
19 of their official duties.
20 (3) A person going upon railroad property in an
21 emergency to rescue a person or animal, such as livestock,
22 pets or wildlife, in imminent danger of death or serious
23 physical injury or to remove an object that the person
24 reasonably believes to pose an imminent danger of death or
25 serious physical injury.
26 (4) A person on the station grounds or in the depot of
27 the railroad carrier as a passenger or for the purpose of
28 transacting lawful business.
29 (5) A person or the person's family, invitee, employee
30 or independent contractor going upon a railroad's right-of-
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1 way for the purpose of crossing at a private crossing site
2 approved by the railroad carrier to obtain access to land
3 that the person owns, leases or operates.
4 (6) A person having written permission from the railroad
5 carrier to go upon the railroad property in question.
6 (7) Representatives of the Department of Transportation
7 and the Pennsylvania Public Utility Commission while engaged
8 in the performance of their official duties.
9 (8) Representatives of the Federal Railroad
10 Administration while engaged in the performance of their
11 official duties.
12 (9) Representatives of the National Transportation
13 Safety Board while engaged in the performance of their
14 official duties.
15 (C) LIMITATION ON LIABILITY.-- <--
16 (1) A RAILROAD CARRIER OWES NO DUTY OF CARE TO KEEP ITS
17 RAILROAD PROPERTY SAFE FOR ENTRY OR USE BY ANY PERSON WHO
18 ENTERS UPON ANY RAILROAD PROPERTY OR RAILROAD RIGHT-OF-WAY OR
19 TO GIVE ANY WARNING TO SUCH PERSON ENTERING OR GOING ON THAT
20 RAILROAD PROPERTY OF A DANGEROUS CONDITION, USE OR ACTIVITY
21 THEREON.
22 (2) EXCEPT AS SET FORTH IN PARAGRAPH (3), A RAILROAD
23 CARRIER SHALL NOT:
24 (I) BE PRESUMED TO EXTEND ANY ASSURANCE TO A PERSON
25 ENTERING OR GOING ON RAILROAD PROPERTY WITHOUT THE
26 RAILROAD CARRIER'S CONSENT THAT THE RAILROAD PROPERTY IS
27 SAFE FOR ANY PURPOSE.
28 (II) INCUR ANY DUTY OF CARE TOWARD A PERSON ENTERING
29 OR GOING ON RAILROAD PROPERTY WITHOUT THE RAILROAD
30 CARRIER'S CONSENT.
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1 (III) BECOME LIABLE FOR ANY INJURY TO A PERSON
2 ENTERING OR GOING ON RAILROAD PROPERTY WITHOUT THE
3 RAILROAD CARRIER'S CONSENT CAUSED BY AN ACT OR OMISSION
4 OF SUCH PERSON.
5 (3) NOTHING IN THIS SUBSECTION LIMITS IN ANY WAY ANY
6 LIABILITY WHICH OTHERWISE EXISTS FOR WILLFUL OR MALICIOUS
7 FAILURE TO GUARD OR WARN AGAINST A DANGEROUS CONDITION, USE
8 OR ACTIVITY.
9 (d) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Passengers." Persons who are traveling by train with lawful <--
13 authority and who do not participate in the train's operation.
14 The term does not include stowaways.
15 "Railroad." Any form of nonhighway ground transportation
16 that runs on rails or electromagnetic guideways, including, but
17 not limited to:
18 (1) Commuter or other short-haul railroad passenger
19 service in a metropolitan or suburban area.
20 (2) High-speed ground transportation systems that
21 connect metropolitan areas, but not rapid transit operations
22 in an urban area that are not connected to the general
23 railroad system of transportation.
24 "Railroad carrier." A person, INCLUDING, BUT NOT LIMITED TO, <--
25 AN OWNER OR OPERATOR providing railroad transportation.
26 "Railroad carrier's consent." Written or other affirmative
27 communication of permission to be on railroad property. Consent
28 shall not be implied.
29 "Railroad property." All tangible property owned, leased or
30 operated by a railroad carrier, including a right-of-way, track,
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1 bridge, yard, shop, station, tunnel, viaduct, trestle, depot,
2 warehouse, terminal or any other structure, appurtenance or
3 equipment owned, leased or used in the operation of any railroad
4 carrier including a train, locomotive, engine, railroad car,
5 work equipment, rolling stock or safety device. The term does
6 not include a railroad carrier's administrative building or
7 offices, office equipment or intangible property such as
8 computer software or other information.
9 "Right-of-way." The track or roadbed owned, leased or
10 operated by a railroad carrier which is located on either side
11 of its tracks and which is readily recognizable to a reasonable
12 person as being railroad property or is reasonably identified as
13 such by fencing or appropriate signs.
14 "Yard." A system of parallel tracks, crossovers and switches
15 where railroad cars are switched and made up into trains and
16 where railroad cars, locomotives and other rolling stock are
17 kept when not in use or when awaiting repairs.
18 Section 2. This act shall take effect in 60 days.
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