SENATE AMENDED
        PRIOR PRINTER'S NO. 265                       PRINTER'S NO. 1825

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 242 Session of 1975


        INTRODUCED BY MESSRS. VALICENTI, LAUDADIO, FISCHER, FEE,
           DOMBROWSKI, BELLOMINI, LETTERMAN AND WANSACZ,
           FEBRUARY 4, 1975

        SENATOR LYNCH, TRANSPORTATION, IN SENATE, AS AMENDED,
           JUNE 24, 1975

                                     AN ACT

     1  Requiring that flag protection be provided against following
     2     trains occupying the same track.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  That all railroads operating in the Commonwealth
     6  of Pennsylvania, within 30 days enactment hereof, promulgate
     7  appropriate operating rules and special instructions for the
     8  government of their respective employees so as to require that    <--
     9  flag protection be provided against following trains occupying
    10  the same track, by a properly qualified flagman or trainman
    11  using standard flagging equipment, for trains moving on main or
    12  secondary tracks, under circumstances in which such trains may
    13  be overtaken by following trains and for trains stopped under
    14  circumstances in which they may be overtaken by following
    15  trains, in manual block signal, automatic block signal,
    16  centralized traffic control or locomotive cab signal


     1  territories, except within the limits of interlocking plants, at
     2  stations where passenger trains are making normal station stops,
     3  within the limits of a classification or storage yard and manual
     4  block territory protected by an absolute block.
     5     When trains are operating under automatic block signal system
     6  rules (locomotive cab signal or centralized traffic control
     7  signal rule), the requirements of flagging, insofar as
     8  protecting against following trains is concerned, will have been
     9  complied with when full protection is afforded against trains
    10  moving at restricted speed.
    11     Section 2.  The provisions of this act shall be enforced by
    12  the Pennsylvania Public Utility Commission. IN CONFORMITY WITH    <--
    13  THE FOLLOWING:
    14     (1)  WHEN A TRAIN STOPS UNDER CIRCUMSTANCES IN WHICH IT MAY
    15  BE OVERTAKEN BY ANOTHER TRAIN, A MEMBER OF THE CREW MUST PROVIDE
    16  FLAGGING PROTECTION, THAT IS, GO BACK IMMEDIATELY WITH A RED
    17  FLAG, TORPEDOES AND FUSEES BY DAY AND WITH A RED AND/OR WHITE
    18  LIGHT, TORPEDOES AND FUSEES BY NIGHT, A SUFFICIENT DISTANCE TO
    19  INSURE FULL PROTECTION, PLACING TWO TORPEDOES ON THE RAIL AND
    20  WHEN NECESSARY, IN ADDITION, DISPLAY LIGHTED FUSEES.
    21     (2)  WHEN RECALLED AND SAFETY TO THE TRAIN WILL PERMIT, HE
    22  MAY RETURN.
    23     (3)  WHEN CONDITIONS REQUIRE, HE WILL LEAVE THE TORPEDOES AND
    24  A LIGHTED FUSEE.
    25     (4)  THE FRONT OF THE TRAIN MUST BE PROTECTED IN THE SAME
    26  WAY, WHEN NECESSARY, BY A MEMBER OF THE CREW.
    27     (5)  WHEN A TRAIN IS MOVING UNDER CIRCUMSTANCES IN WHICH IT
    28  MAY BE OVERTAKEN BY ANOTHER TRAIN, A MEMBER OF THE CREW MUST
    29  TAKE SUCH ACTION AS MAY BE NECESSARY TO INSURE FULL PROTECTION.
    30  BY NIGHT (OR BY DAY, WHEN THE VIEW IS OBSCURED) LIGHTED FUSEES
    19750H0242B1825                  - 2 -

     1  MUST BE DROPPED OFF THE MOVING TRAIN OR DISPLAYED AT PROPER
     2  INTERVALS.
     3     (6)  WHEN DAY SIGNALS CANNOT BE PLAINLY SEEN, OWING TO
     4  WEATHER OR OTHER CONDITIONS, NIGHT SIGNALS MUST ALSO BE USED.
     5     (7)  CONDUCTORS AND ENGINEMEN ARE RESPONSIBLE FOR THE
     6  PROTECTION OF THEIR TRAINS.
     7     (8)  WHEN A PUSHER ENGINE IS ASSISTING A TRAIN, COUPLED
     8  BEHIND THE CABIN OR CABOOSE CAR, AND THE MEMBER OF THE CREW WHO
     9  PROTECTS THE REAR-END OF THE TRAIN IS RIDING IN THE CABIN OR
    10  CABOOSE CAR, THE REQUIREMENTS AS TO THE FUSEES WILL BE MET BY
    11  DROPPING THEM OFF BETWEEN THE CABIN OR CABOOSE CAR AND PUSHER
    12  ENGINE ON THE TRACK THE TRAIN IS USING, AND NOT BETWEEN THAT
    13  TRACK AND AN ADJACENT TRACK.
    14     PROVIDED, HOWEVER, THAT UNLESS SPECIFIC CIRCUMSTANCES
    15  INDICATE TO THE CONTRARY, IT WILL BE PRESUMED THAT TRAINS
    16  STOPPING UNDER THE FOLLOWING CIRCUMSTANCES WILL NOT BE OVERTAKEN
    17  BY ANOTHER TRAIN:
    18     (I)  PASSENGER TRAINS MAKING NORMAL STATION STOPS.
    19     (II)  ALL TRAINS STOPPING IN MANUAL BLOCK TERRITORY PROTECTED
    20  BY ABSOLUTE BLOCK.
    21     (III)  ALL TRAINS STOPPING SO AS TO BE COMPLETELY WITHIN THE
    22  LIMITS OF CLASSIFICATION OR STORAGE YARDS AT THE USUAL PLACE TO
    23  CHANGE CREWS OR REMOVE POWER.
    24     SECTION 2.  FOR THE PURPOSES OF THIS ACT A "TRAIN" WILL BE
    25  CONSIDERED A MOVEMENT ON WHICH THE AIR BRAKES MUST BE CONNECTED
    26  AND FUNCTIONING UNDER FEDERAL LAW.
    27     SECTION 3.  THE PROVISIONS OF THIS ACT SHALL BE ENFORCED BY
    28  THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.


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