SENATE AMENDED PRIOR PRINTER'S NOS. 1319, 2380, 4144, PRINTER'S NO. 4319 4247
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, IN SENATE, JULY 3, 2004
AN ACT 1 Amending Title TITLES 18 (Crimes and Offenses) AND 42 (JUDICIARY <-- 2 AND JUDICIAL PROCEDURE) of the Pennsylvania Consolidated 3 Statutes, defining the offense of trespassing on railroad <-- 4 property; and providing PROVIDING FOR RAILROAD PROTECTION, <-- 5 RAILROAD VANDALISM AND INTERFERENCE WITH TRANSPORTATION 6 FACILITIES AND for penalties; AND PROVIDING FOR RAILROAD <-- 7 CIVIL IMMUNITY. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Title 18 of the Pennsylvania Consolidated 11 Statutes is amended by adding a section to read: 12 § 3504. Railroad protection, railroad vandalism and 13 interference with transportation facilities. 14 (a) Damage to railroad or delay of railroad operations.-- 15 (1) A person commits an offense if, without lawful 16 authority or the railroad carrier's consent, he causes damage 17 to property that he knows or reasonably should have known to 18 be railroad property, including the railroad right-of-way or
1 yard, or causes a delay in railroad operations, by an act 2 including, but not limited to: 3 (i) Knowingly, purposefully or recklessly 4 disrupting, delaying or preventing the operation of any 5 train, jitney, trolley or any other facility of 6 transportation. 7 (ii) Driving or operating a recreational vehicle or 8 nonrecreational vehicle, including, but not limited to, a 9 bicycle, motorcycle, snowmobile, all-terrain vehicle, car 10 or truck. 11 (iii) Knowingly, purposefully or recklessly damaging 12 railroad property, railroad infrastructure or railroad 13 equipment or using railroad property to access adjoining 14 property to commit acts of vandalism, theft or other 15 criminal acts. 16 (2) An offense under this subsection constitutes a 17 misdemeanor of the third degree. 18 (b) Stowaways prohibited.-- 19 (1) A person commits an offense if, without lawful 20 authority or the railroad carrier's consent, he rides on the 21 outside of a train or inside a passenger car, locomotive or 22 freight car, including a box car, flatbed or container. 23 (2) An offense under this subsection constitutes a 24 misdemeanor of the third degree. 25 (c) Limitation on liability.-- <-- 26 (1) A railroad carrier owes no duty of care to keep its 27 railroad property safe for entry or use by any person who 28 enters upon any railroad property or railroad right-of-way or 29 to give any warning to such person entering or going on that 30 railroad property of a dangerous condition, use or activity 20030H1117B4319 - 2 -
1 thereon. 2 (2) Except as set forth in paragraph (3), a railroad 3 carrier shall not: 4 (i) Be presumed to extend any assurance to a person 5 entering or going on railroad property without the 6 railroad carrier's consent that the railroad property is 7 safe for any purpose. 8 (ii) Incur any duty of care toward a person entering 9 or going on railroad property without the railroad 10 carrier's consent. 11 (iii) Become liable for any injury to a person 12 entering or going on railroad property without the 13 railroad carrier's consent caused by an act or omission 14 of such person. 15 (3) Nothing in this subsection limits in any way any 16 liability which otherwise exists for willful or malicious 17 failure to guard or warn against a dangerous condition, use 18 or activity. 19 (d) (C) Definitions.--As used in this section, the following <-- 20 words and phrases shall have the meanings given to them in this 21 subsection: 22 "Railroad." Any form of nonhighway ground transportation 23 that runs on rails or electromagnetic guideways, including, but 24 not limited to: 25 (1) Commuter or other short-haul railroad passenger 26 service in a metropolitan or suburban area. 27 (2) High-speed ground transportation systems that 28 connect metropolitan areas, but not rapid transit operations 29 in an urban area that are not connected to the general 30 railroad system of transportation. 20030H1117B4319 - 3 -
1 "Railroad carrier." A person, including, but not limited to, 2 an owner or operator, providing railroad transportation. <-- 3 "Railroad carrier's consent." Written or other affirmative 4 communication of permission to be on railroad property. Consent 5 shall not be implied. 6 "Railroad property." All tangible property owned, leased or 7 operated by a railroad carrier, including a right-of-way, track, 8 bridge, yard, shop, station, tunnel, viaduct, trestle, depot, 9 warehouse, terminal or any other structure, appurtenance or 10 equipment owned, leased or used in the operation of any railroad 11 carrier including a train, locomotive, engine, railroad car, 12 work equipment, rolling stock or safety device. The term does 13 not include a railroad carrier's administrative building or 14 offices, office equipment or intangible property such as 15 computer software or other information. 16 "Right-of-way." The track or roadbed owned, leased or 17 operated by a railroad carrier which is located on either side 18 of its tracks and which is readily recognizable to a reasonable 19 person as being railroad property or is reasonably identified as 20 such by fencing or appropriate signs. 21 "Yard." A system of parallel tracks, crossovers and switches 22 where railroad cars are switched and made up into trains and 23 where railroad cars, locomotives and other rolling stock are 24 kept when not in use or when awaiting repairs. 25 Section 2. This act shall take effect in 60 days. <-- 26 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <-- 27 § 8339.1. RAILROAD CIVIL IMMUNITY. 28 (A) GENERAL RULE.--A RAILROAD CARRIER OWES NO DUTY OF CARE 29 TO KEEP ITS RAILROAD PROPERTY SAFE FOR ENTRY OR USE BY ANY 30 TRESPASSER WHO ENTERS UPON ANY RAILROAD PROPERTY OR RAILROAD 20030H1117B4319 - 4 -
1 RIGHT-OF-WAY OR TO GIVE ANY WARNING TO SUCH TRESPASSER ENTERING 2 OR GOING ON THAT RAILROAD PROPERTY OF A DANGEROUS CONDITION, USE 3 OR ACTIVITY THEREON. <-- 4 (B) EXCEPTIONS.--EXCEPT AS SET FORTH IN SUBSECTION (C), A OR <-- 5 ACTIVITY THEREON. EXCEPT AS SET FORTH IN SUBSECTION (B), A 6 RAILROAD CARRIER SHALL NOT: 7 (1) BE PRESUMED TO EXTEND ANY ASSURANCE TO A TRESPASSER 8 ENTERING OR GOING ON RAILROAD PROPERTY WITHOUT THE RAILROAD 9 CARRIER'S CONSENT THAT THE RAILROAD PROPERTY IS SAFE FOR ANY 10 PURPOSE. 11 (2) INCUR ANY DUTY OF CARE TOWARD A TRESPASSER ENTERING 12 OR GOING ON RAILROAD PROPERTY WITHOUT THE RAILROAD CARRIER'S 13 CONSENT. 14 (3) BECOME LIABLE FOR ANY INJURY TO A TRESPASSER 15 ENTERING OR GOING ON RAILROAD PROPERTY WITHOUT THE RAILROAD 16 CARRIER'S CONSENT CAUSED BY AN ACT OR OMISSION OF SUCH 17 TRESPASSER. 18 (C) (B) LIMITATION.--NOTHING IN THIS SUBSECTION SECTION <-- 19 LIMITS IN ANY WAY ANY LIABILITY WHICH OTHERWISE EXISTS FOR 20 WILLFUL OR MALICIOUS WANTON FAILURE TO GUARD OR WARN AGAINST A <-- 21 DANGEROUS CONDITION, USE OR ACTIVITY. 22 (D) (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING <-- 23 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 24 SUBSECTION: 25 "TRESPASSER." A PERSON WHO ENTERS ONTO PROPERTY THE PERSON <-- 26 KNOWS OR SHOULD HAVE KNOWN TO BE RAILROAD PROPERTY WITHOUT ANY 27 RIGHT, LAWFUL AUTHORITY OR EXPRESS OR IMPLIED INVITATION. 28 RAILROAD PROPERTY WITHOUT ANY RIGHT, LAWFUL AUTHORITY OR THE <-- 29 EXPRESS CONSENT OF THE RAILROAD. 30 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. A7L18MEP/20030H1117B4319 - 5 -