H-832                _______________________________________________

                                                    HOUSE BILL NO. 247

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Walk, L. Smith, Fisch, Gallagher, Sutherland, Baugher, Fisher and Rayburn

Read first time 1/25/85 and referred to Committee on Transportation.

AN ACT Relating to common carrier railroads; adding new sections to chapter 81.44 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The safety of its citizens is of prime concern to the state.  To maintain safety on and about moving trains both for the public and employees it is necessary that certain moving trains have as their rear car, a caboose occupied by at least one employee of the railroad.

NEW SECTION. Sec. 2.  A new section is added to chapter 81.44 RCW to read as follows:

          Any railroad operating as a common carrier in this state shall not run or permit to be run over its tracks outside of yard limits any train in excess of one thousand five hundred feet in overall length, including the locomotive(s), without having attached to the train as the rear car, a caboose occupied by at least one employee of the railroad.  Within yard or terminal limits, a caboose is also required on yard to yard or transfer movements in excess of one mile.  "Terminal" means a railroad complex, consisting of a system of tracks, the boundaries of which are set by a railroad company, for the purpose of making up trains.  Cabooses are not required on passenger trains or on freight trains in cases of emergency occurring on a line of road that will not permit compliance with this section.

NEW SECTION. Sec. 3.  A new section is added to chapter 81.44 RCW to read as follows:

          Any railroad company or officer or agent thereof, or any other person, who violates section 2 of this act by failing or refusing to comply with its provisions is guilty of a gross misdemeanor and shall be penalized by a fine of not more than five thousand dollars for each offense.  Each violation constitutes a separate offense.