CERTIFICATION OF ENROLLMENT
SECOND ENGROSSED HOUSE BILL 1130
Chapter
315, Laws of 1995
54th
Legislature
1995
Regular Session
LOCOMOTIVE HORNS‑-ORDINANCE
MAY PROHIBIT SOUNDING AT CROSSING
EFFECTIVE
DATE: 7/23/95
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Passed by
the House April 19, 1995
Yeas 95 Nays 2
CLYDE BALLARD
Speaker
of the
House
of Representatives
Passed by
the Senate April 5, 1995
Yeas 42 Nays 3
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CERTIFICATE
I, Timothy
A. Martin, Chief Clerk of the House of Representatives of the State of
Washington, do hereby certify that the attached is ENGROSSED SECOND HOUSE
BILL 1130 as passed by the House of Representatives and the Senate on the
dates hereon set forth.
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|
JOEL PRITCHARD
President
of the Senate
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TIMOTHY A. MARTIN
Chief
Clerk
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Approved
May 11, 1995 Place Style On Codes above, and Style
Off Codes below.
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FILED
May
11, 1995 - 1:07 p.m.
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MIKE LOWRY
Governor
of the State of Washington
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Secretary
of State
State
of Washington
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_______________________________________________
SECOND ENGROSSED HOUSE BILL 1130
_______________________________________________
AS AMENDED BY THE SENATE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/13/95.
Referred to Committee on Transportation.
Restricting the
ringing of bells or sounding of whistles on locomotives.
AN ACT Relating to
railroads; amending RCW 81.48.010; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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 to ring the bell or sound the
whistle upon such locomotive, or cause the same to be rung or sounded at least
eighty rods from any place where such railway crosses a traveled road or street
on the same level (except in cities, or in counties that enact ordinances
applying only to crossings equipped with supplemental safety measures as
provided in section 2 of this act), or to continue the ringing of such bell
or sounding of such whistle until such locomotive shall have crossed such road
or street, shall be guilty of a misdemeanor.
This section shall
not apply to an engineer operating a locomotive within yard limits or when on
track, which is not main line track, where crossing speed is restricted by
published special instruction or bulletin to ten miles per hour or less.
NEW SECTION. Sec.
2. (1) The legislature
hereby authorizes cities and counties to enact ordinances limiting or
prohibiting the sounding of locomotive horns, provided the ordinance applies
only at crossings equipped with supplemental safety measures. A supplemental
safety measure is a safety device defined in P.L. 103-440, section 20153(a)(3),
as that law existed on November 2, 1994. A supplemental safety measure that
prevents careless movement over the crossing (e.g., as where adequate median
barriers prevent movement around crossing gates extending over the full width
of the lanes in a particular direction of travel), shall be deemed to conform
to those standards required under P.L. 103-440 unless specifically rejected by
emergency order issued by the United States secretary of the department of
transportation.
(2) Prior to enacting
the ordinance, the cities and counties shall provide written notification to
the railroad companies affected by the proposed ordinance, and to the state
utilities and transportation commission, for the purpose of providing an
opportunity to comment on the proposed ordinance.
(3) Nothing in this
section shall be construed as limiting the state's power, guaranteed by the
tenth amendment to the Constitution of the United States, to enact laws
necessary for the health, safety, or welfare of the people of the state of
Washington.
Passed
the House April 19, 1995.
Passed
the Senate April 5, 1995.
Approved by the Governor May 11, 1995.
Filed in Office of
Secretary of State May 11, 1995.