S-4095.1          _______________________________________________

 

                            SUBSTITUTE SENATE BILL 6353

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senator McCaslin)

 

Read first time 02/11/92.Restricting the ringing of bells or sounding of whistles on locomotives.

     AN ACT Relating to railroads; amending RCW 81.48.010; and adding a new section to chapter 81.48 RCW.

 

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

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 81.48 RCW to read as follows:

     (1) Any county with a population of two hundred ten thousand or more that does not adjoin a county with a population of one hundred twenty-five thousand or more may adopt ordinances that restrict the ringing of bells or sounding of whistles on locomotives where a railway crosses a traveled road or street on the same level outside a city if automatic grade crossing signals or gates are in place.

     (2) Any county adopting ordinances authorized under subsection (1) of this section shall hold harmless and indemnify any railroad to the same extent that the railroad would otherwise be liable for any loss of life or damage to property occurring at a railway crossing where a county ordinance restricting train whistles and bells has been adopted.  The county is not required to indemnify the railroad where the railroad is guilty of a criminal act or gross negligence.

 

     Sec. 2.  RCW 81.48.010 and 1961 c 14 s 81.48.010 are each amended to read as follows:

     Every engineer driving a locomotive on any railway who ((shall fail)) fails to ring the bell or sound the whistle upon ((such)) the locomotive, or cause the same to be rung or sounded, at least eighty rods from any place where ((such)) the railway crosses a traveled road or street on the same level (except in cities or in counties that enact ordinances under section 1 of this act), or to continue the ringing of ((such)) the bell or sounding of ((such)) the whistle until ((such)) the locomotive ((shall have)) has crossed ((such)) the road or street, ((shall be)) is guilty of a misdemeanor.