AN ACT Relating to railroads; amending RCW 81.36.100, 81.40.030, 81.40.035, 81.40.040, 81.40.050, 81.40.070, 81.40.080, 81.40.090, 81.56.100, 81.60.040, and 81.61.010; adding new sections to chapter 81.36 RCW; adding new sections to chapter 81.40 RCW; adding new sections to chapter 81.44 RCW; adding a new section to chapter 81.52 RCW; creating a new section; prescribing penalties; declaring an emergency; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that with the development of a number of short line railroads and with the advent of cabooseless operations within the state of Washington their regulation for the public health and safety is necessary, and present law does not provide the means to permit the utilities and transportation commission to accomplish the protection of the public. The purpose of this act is to establish an effective basis of law for the utilities and transportation commission to regulate short line railroads for the protection and promotion of the health, safety, and welfare of the employees and the public, and to serve as a disciplinary body for all railroads within the state of Washington.

Sec. 2. Section 81.36.100, chapter 14, Laws of 1961 and RCW 81.36.100 are each amended to read as follows:

Any railroad corporation heretofore duly incorporated and organized under the laws of this state or of the territory of Washington, or which may hereafter be duly incorporated and organized under the laws of this state, or heretofore or hereafter incorporated and organized under the laws of any other state or territory of the United States, and authorized to do business in this state and to construct and operate railroads ((~~therein, shall have and hereby is given the right to~~)) may, in accordance with this section, construct bridges across the navigable and nonnavigable streams, canyons, coulees, and natural depressions within this state over which the projected line or lines of railway of ((~~said~~)) the railroad corporations will run((~~: PROVIDED, That said bridges are~~)). The bridges must be constructed in good faith for the purpose of being made a part of the constructed line of ((~~said~~)) the railroad((~~: AND PROVIDED, That~~)), and they shall be constructed in the course of the construction of ((~~said~~)) the railroad or thereafter for the more convenient operation ((~~thereof: AND PROVIDED FURTHER, That such~~)) of it. The bridges shall be so constructed as not to interfere with, impede, or obstruct the navigation of ((~~such~~)) navigable streams. Wherever bridges exceed six feet in length measured along the centerline of the rails, a safety walkway shall be provided, not less than two feet wide with handrails, of sturdy wood or metal construction, placed to allow passage by a person clear of a standing or passing train.

NEW SECTION. Sec. 3. A new section is added to chapter 81.36 RCW to read as follows:

Whenever a railroad sells, leases, rents, or in any other manner transfers ownership or operation of a railroad line or part of it to another entity, whether a corporation, partnership, or individual, the seller, lessor, renter, or transferor shall provide a copy of the agreement providing for such sale, lease, rent, or transfer to the commission for their examination and approval.

NEW SECTION. Sec. 4. A new section is added to chapter 81.36 RCW to read as follows:

Whenever a railroad sells, leases, rents, or in any other manner transfers ownership or operation of any railroad line or part of it to another entity, whether a corporation, partnership, or individual, the seller, lessor, renter, or transferor shall provide, at the first point of interchange, marketing, rating, way billing, and customer accounting services complete with such recordkeeping and any additional work as required to insure compliance with state and federal law. No action under this section affects the rights of any carrier or its employees under any applicable collective bargaining agreements.

NEW SECTION. Sec. 5. A new section is added to chapter 81.36 RCW to read as follows:

It is unlawful for a railroad company, corporation, association, or other person to own, control, or operate a short line railroad within the state of Washington without depositing with the commission proof of financial responsibility.

NEW SECTION. Sec. 6. A new section is added to chapter 81.36 RCW to read as follows:

(1) The term "short line railroad" as used in this chapter means a railroad wholly or almost wholly confined or operated within the state of Washington, including industry switching railroads, not otherwise owned and operated by an interstate railroad.

(2) The term "proof of financial responsibility" as used in this chapter means any one of the following: (a) A liability insurance policy covering both bodily injury and property damage in the amount of five million dollars; (b) a surety bond in the amount of five million dollars; (c) a cash deposit of five million dollars; or (d) property appraised in excess of five million dollars.

NEW SECTION. Sec. 7. A new section is added to chapter 81.36 RCW to read as follows:

(1) The commission shall administer and enforce sections 3 through 6 of this act, and may make rules necessary for their administration.

(2) The commission shall prescribe and provide suitable forms required or deemed necessary for the purposes of those sections.

NEW SECTION. Sec. 8. A new section is added to chapter 81.36 RCW to read as follows:

A railroad or any other transportation company doing business in the state of Washington, or its officers, agents, or servants, violating sections 3 through 6 of this act are guilty of a gross misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars, nor more than one thousand dollars for each violation. Each day's failure or refusal to comply with sections 3 through 6 of this act constitutes a separate offense.

Sec. 9. Section 81.40.030, chapter 14, Laws of 1961 as amended by section 207, chapter 3, Laws of 1983 and RCW 81.40.030 are each amended to read as follows:

Each train or engine run in violation of RCW 81.40.010 ((~~shall~~)) or 81.40.035 constitutes a separate offense((~~: PROVIDED, That~~)). Nothing in RCW 81.40.010 ((~~and~~)), 81.40.030 ((~~shall be construed as applying~~)), or 81.40.035 applies (1) in the case of disability of one or more members of any train crew while out on the road between division terminals, or (2) to wrecking trains((~~, or to any line, or part of line, where not more than two trains are run in each twenty-four hours~~)).

Any person, corporation, company, or officer of court operating any railroad or railway, or part of any railroad or railway in the state of Washington, and engaged as a common carrier, in the transportation of freight or passengers, who ((~~shall~~)) violates any of the provisions of RCW 81.40.010 ((~~and~~)), 81.40.030 ((~~shall be~~)), or 81.40.035 is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ((~~one~~)) five hundred dollars nor more than ((~~five hundred~~)) one thousand dollars for each offense.

((~~It shall be the duty of~~)) The commission ((to)) shall enforce RCW 81.40.010 ((~~and~~)), 81.40.030, and 81.40.035.

Sec. 10. Section 2, chapter 2, Laws of 1967 and RCW 81.40.035 are each amended to read as follows:

No law or order of any regulatory agency of this state shall prevent a common carrier by railroad from manning its freight trains in accordance with collective bargaining agreements or any national or ((~~other~~)) local bargaining settlement of train crew size. If there is no national or local collective bargaining agreement in force, the freight train crew shall consist of not less than three persons, an engineer, conductor, and brakeman. The size of passenger train crews shall not be affected by this ((~~act~~)) section.

NEW SECTION. Sec. 11. A new section is added to chapter 81.40 RCW to read as follows:

In contracts for labor and service, eight hours shall be deemed a day's work and shall be the measure or standard of a day's work for the purpose of reckoning the compensation for services of all employees employed by a railroad carrier in this state. The railroad shall compensate employees who work in excess of eight hours in any one day, whether continuous or in the aggregate, at a premium rate. Any person, partnership, corporation, company, or officer of the court who violates this section is guilty of a gross misdemeanor, and upon conviction shall be fined not less than five hundred dollars nor more than one thousand dollars.

NEW SECTION. Sec. 12. A new section is added to chapter 81.40 RCW to read as follows:

(1) No operator, train dispatcher, or other employee who, by the use of the telegraph, telephone, radio, or any other electrical or mechanical device dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements may be required or permitted to be or remain on duty for more than:

(a) Nine hours, whether consecutive or in the aggregate, in any twenty-four hour period in any tower, office, station, or place where two or more shifts are employed; or

(b) Twelve hours, whether consecutive or in the aggregate, in any twenty-four hour period in any tower, office, station, or place where only one shift is employed.

(2) For the purposes of subsection (1) of this section, in determining the number of hours an employee is on duty in a class of service and at a place described in (a) or (b) of this subsection, in addition to the time spent by him on duty in such service at such place, all time on duty in other service performed for the carrier during the twenty-four hour period involved shall be counted.

(3) Notwithstanding subsection (1) of this section, in case of emergency the employees named in that subsection may be permitted to be and remain on duty for four additional hours in any period of twenty-four consecutive hours for not more than three days in any period of seven consecutive days.

Sec. 13. Section 81.40.040, chapter 14, Laws of 1961 as amended by section 1, chapter 70, Laws of 1977 and RCW 81.40.040 are each amended to read as follows:

It ((~~shall be~~)) is unlawful for any common carrier by railroad or any of its officers or agents, to require or permit any employee engaged in or connected with the movement of any train to remain on duty more than ((~~twelve~~)) ten consecutive hours, except when by casualty occurring after such employee has started on his trip; or, except by accident or unavoidable delay of trains scheduled to make connection with the train on which such employee is serving, he is prevented from reaching his terminal; or, to require or permit any such employee who has been on duty ((~~twelve~~)) ten consecutive hours to go on duty without having had at least ten hours off duty; or, to require or permit any such employee who has been on duty ((~~twelve~~)) ten hours in the aggregate in any twenty-four hour period to continue on duty without having had at least eight hours off duty within the twenty-four hour period.

Sec. 14. Section 81.40.050, chapter 14, Laws of 1961 and RCW 81.40.050 are each amended to read as follows:

Any such common carrier, or any of its officers or agents violating any of the provisions of RCW 81.40.040 is ((~~hereby declared to be~~)) guilty of a gross misdemeanor, and upon conviction ((~~thereof shall be~~)) is liable to a penalty of not less than ((~~one~~)) five hundred or more than one thousand dollars for each and every such violation to be recovered in a suit or suits to be brought by the attorney general((~~; and it shall be the duty of~~)). The attorney general ((to)) shall bring such suits in any superior court upon duly verified information being lodged with him of such violation having occurred((~~, in any superior court; and it shall also be the duty of~~)). The commission ((to)) shall fully investigate all cases of the violation of RCW 81.40.040, and ((to)) shall lodge with the attorney general information of any such violation as ((~~may~~)) comes to its knowledge.

Sec. 15. Section 81.40.070, chapter 14, Laws of 1961 and RCW 81.40.070 are each amended to read as follows:

Any railroad or other transportation company doing business in the state of Washington, or any officer, agent, or servant ((~~thereof,~~)) violating any of the provisions of RCW 81.40.060 ((~~shall be deemed~~)) is guilty of a gross misdemeanor, and upon conviction ((~~thereof~~)) shall be punished by a fine ((~~in any sum~~)) of not less than ((~~one~~)) five hundred dollars nor more than ((~~five hundred~~)) one thousand dollars((~~, or by imprisonment in the county jail of the county where the misdemeanor is committed, not exceeding six months~~)) for each violation.

Sec. 16. Section 81.40.080, chapter 14, Laws of 1961 and RCW 81.40.080 are each amended to read as follows:

It ((~~shall be~~)) is unlawful for any railroad company, corporation, association, or other person owning, controlling, or operating any line of railroad in the state of Washington, to build, construct, reconstruct, or repair railroad car equipment or motive power in this state without first erecting and maintaining at every point where ((~~five~~)) two employees or more are regularly employed on such work, a shed over a sufficient portion of the tracks used for such work, so as to provide that all ((~~men~~)) persons regularly employed in such work ((~~shall be~~)) are sheltered and protected from rain and other inclement weather((~~: PROVIDED, That the provisions of this section shall~~)), and with a means of total enclosure of the shelter in temperatures below 0° Celsius. This section does not apply at points where it is necessary to make light repairs only on equipment or motive power, nor to equipment loaded with ((~~time or~~)) perishable freight, nor to equipment when trains are being held for the movement of equipment, nor to equipment on tracks where trains arrive or depart or are assembled or made up for departure. The term "light repairs," as ((~~herein used, shall~~)) used in this section, does not include repairs usually made in a roundhouse, shop, or shed upon well-equipped railroads.

NEW SECTION. Sec. 17. A new section is added to chapter 81.40 RCW to read as follows:

It is unlawful for a railroad company, corporation, association, or other person owning, controlling, or operating a line of railroad in the state of Washington, including an industry switching operation, to transfer to or interchange with another railroad company, corporation, association, or other person owning, controlling, or operating a line of railroad in the state of Washington, including an industry switching operation, any railroad car equipment or motive power without being inspected, and repaired if necessary, by tested, qualified, and approved railroad engine or car inspectors before further movement. However, railroad car equipment and motive power may be moved to the nearest available repair tracks where the equipment or power can be repaired, if found safe to be moved.

NEW SECTION. Sec. 18. A new section is added to chapter 81.40 RCW to read as follows:

The commission shall, after a hearing, upon its own motion or upon complaint, adopt rules for the inspection and repair of railroad car equipment and motive power in order to promote the safety, security, and convenience of the public or employees. The commission shall thereafter enforce the rules.

Sec. 19. Section 81.40.090, chapter 14, Laws of 1961 and RCW 81.40.090 are each amended to read as follows:

Any railroad company or officer or agent thereof, or any other person, who ((~~shall~~)) violates ((~~the provisions of~~)) RCW 81.40.080, section 17, or section 18 of this act by failing or refusing to comply with its provisions, ((~~shall be deemed~~)) is guilty of a gross misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars. Each day's failure or refusal to comply with ((~~the provisions of~~)) RCW 81.40.080 ((~~shall be considered~~)), section 17, or section 18 of this act is a separate offense.

NEW SECTION. Sec. 20. A new section is added to chapter 81.44 RCW to read as follows:

Trains containing five or more cars traveling a distance of five or more miles within the state of Washington on any railroad line or track, must be operated with the air brake lines charged and have an occupied caboose equipped with air brakes, an air pressure gauge, an air brake lever, and an amber or red marker light to the rear of the train. If the train is operated without a caboose, the rear drawbar of the rear car shall have a lighted flashing or occulting amber or red marker light mounted on it. Such rear car shall be attached to the air brake line with a gauge capable of measuring the air pressure in the line accurately within two pounds of correct pressure. The gauge shall have a means of continuously transmitting the air pressure reading to a recorder in the engine. The recorder shall have a means of giving continuous readouts to the crew in the engine. Any person, partnership, corporation, company, or officer of the court who violates this section is guilty of a gross misdemeanor, and upon conviction shall be fined not less than five hundred dollars nor more than one thousand dollars for each offense.

NEW SECTION. Sec. 21. A new section is added to chapter 81.44 RCW to read as follows:

It is unlawful for a common carrier by railroad to use or permit to be used on its railroad line any locomotive, unless the locomotive and all parts and appurtenances of it are in proper condition and are safe to operate in the service to which they are put, that they may be employed in the active service of the carrier without unnecessary peril to life and limb, and unless the locomotive and all parts and appurtenances of it have been inspected from time to time in accordance with this chapter and are able to withstand such test or tests as may be prescribed in the rules of the commission.

NEW SECTION. Sec. 22. A new section is added to chapter 81.44 RCW to read as follows:

A carrier subject to this title shall file its rules and instructions for the inspections of locomotives with the commission within three months after the effective date of this section, and such rules and instructions shall become obligatory upon the carrier. If a carrier subject to this title fails to file its rules and instructions, the commission shall prepare rules and instructions not inconsistent with this chapter for the inspection of locomotives, to be observed by such carrier. After a copy of the rules and instructions have been served upon the senior officer within the state, of such carrier, they are obligatory and a violation of them shall be punished as provided in section 26 of this act. A common carrier may from time to time change the rules and instructions provided for in this section. The change shall not take effect and the new rules and instructions are not in force until they have been filed with and approved by the commission. The commission shall also adopt all necessary rules in accordance with chapter 34.04 RCW for the conduct of inspections by state personnel.

NEW SECTION. Sec. 23. A new section is added to chapter 81.44 RCW to read as follows:

Each inspector shall make such personal locomotive inspections from time to time as are necessary to fully carry out this chapter, and as consistent with the inspector's other duties, but the inspector shall not be required to make the inspections at stated times or at regular intervals. The inspector's first duty is to see that the carriers make inspections in accordance with the rules and instructions established or approved by the commission, and that carriers repair the defects that the inspections disclose before the locomotives or appurtenances to them are returned to service. To this end each carrier subject to this title shall file with the commission, under the oath of the proper officer or employee, a duplicate of the report of each inspection required by such rules and instructions and shall also file with the commission, under the oath of the proper officer or employee, a report showing the repair of the defects disclosed by the inspection. The rules and instructions shall prescribe the time at which the reports shall be made. Whenever any inspector, in the performance of his or her duty, finds any locomotive or apparatus pertaining to it that does not conform to the requirements of the law or the rules and instructions established and approved under section 22 of this act, the inspector shall notify the carrier in writing that the locomotive is not in serviceable condition, and the carrier shall not use the locomotive until it is in a serviceable condition. Within three days after receiving a written notice from an inspector that a locomotive is not in serviceable condition because of defects set out and described in the notice, a carrier may appeal to the commission by telegraph or by letter to have the locomotive reexamined. Upon receipt of the appeal of the inspector's decision, the commission shall assign a different inspector to reexamine and inspect the locomotive within fifteen days from the date of the notice. If the locomotive is found to be in serviceable condition upon the reexamination, the commission shall immediately notify the carrier in writing, whereupon the locomotive may be put into service without further delay. If the reexamination sustains the decision of the original inspector, no further appeal will be granted, and thereafter the locomotive shall not be used until it is in serviceable condition. Pending appeal, the requirements of the original inspector are effective.

NEW SECTION. Sec. 24. A new section is added to chapter 81.44 RCW to read as follows:

All inspectors and applicants for the position shall be examined by the commission on their qualifications and fitness with respect to knowledge of their duties. No inspector, while holding that position, may own any stock or bonds of a railroad the inspector could be called upon to inspect.

NEW SECTION. Sec. 25. A new section is added to chapter 81.44 RCW to read as follows:

In the event of an accident resulting from failure from any cause, of a locomotive or its appurtenances, that results in serious injury or death to one or more persons, the carrier owning or operating the locomotive shall forthwith make a written statement of the facts of the accident to the commission. The commission or an inspector designated by it shall investigate the facts concerning the accident. The designated inspector shall examine or cause to be examined thoroughly the locomotive affected, and shall make a full and detailed report of the cause of the accident to the commission. The commission may make the reports public in such manner as it deems proper. However, no report of the investigation nor any part of it may be admitted as evidence or used for any purpose in any suit or action for damages arising out of any matter mentioned in the report or investigation.

NEW SECTION. Sec. 26. A new section is added to chapter 81.44 RCW to read as follows:

A carrier violating sections 21 through 25 of this act, or a commission rule or a rule or instruction of the carrier made under those sections or a lawful order of an inspector is guilty of a gross misdemeanor, and upon conviction shall be fined not less than five hundred dollars nor more than one thousand dollars for each offense.

NEW SECTION. Sec. 27. A new section is added to chapter 81.44 RCW to read as follows:

The commission shall investigate and report on the use of and necessity for block-signal systems, interlockings, centralized traffic control systems, cab control signals, and other appliances for the automatic control of railway trains. The commission shall require those systems when, in its opinion, it becomes necessary. For this purpose the commission may employ persons familiar with the subject, and may use its own inspectors to make a thorough examination into the matter.

To carry out this section the commission may issue subpoenas, administer oaths, examine witnesses, require the production of books and papers, and receive depositions taken before any proper officer of the state.

NEW SECTION. Sec. 28. A new section is added to chapter 81.44 RCW to read as follows:

The senior operating officer of each carrier by railroad within the state of Washington shall make, under oath, a monthly report to the commission of all collisions, derailments, or other accidents resulting in death or injury to a person or damage to equipment or roadbed arising from the operation of the railroad. The report shall state the nature and causes of the accidents and the circumstances connected with them.

A carrier that fails to make the report within thirty days after the end of the month in which the accident occurred is guilty of a gross misdemeanor, and upon conviction shall be fined not less than five hundred dollars nor more than one thousand dollars, and each additional day constitutes an additional offense.

In the event of a serious accident occurring at any place within the state of Washington, whether collision, derailment, or other accident resulting in injury or death to a person, or damage to equipment or roadbed or to property adjacent to the right of way, the senior officer present shall notify the sheriff of the county in which the accident occurred at the earliest possible moment.

NEW SECTION. Sec. 29. A new section is added to chapter 81.44 RCW to read as follows:

The commission or an inspector directed by the commission may investigate all collisions, derailments, or other accidents resulting in serious injury to a person or to the property of a railroad. In investigating such collisions, derailments, or other accidents and all the attendant facts, conditions, and circumstances, the commission and the inspector have the power to subpoena witnesses, administer oaths, take testimony and require the production of books, papers, orders, memoranda, exhibits, and other evidence, and shall be provided with all reasonable facilities by the carriers. The commission shall make the report of the investigation public in such manner as it deems proper. Neither the report required by section 28 of this act, nor any part of the investigation provided for in this section may be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in the report or investigation.

The commission may adopt such rules and forms for making the necessary reports provided in section 28 of this act and this section as are necessary to implement these sections.

NEW SECTION. Sec. 30. A new section is added to chapter 81.44 RCW to read as follows:

After hearings on the subject, the commission may require the use of cabooses on any division, subdivision, branch line, yard operation, or industry switching at such times and under such conditions as it may determine to be necessary. After hearings and upon its own motion, it shall issue an order to the carrier on the need and necessity of cabooses. If the carrier fails to carry out this order within thirty calendar days, the carrier is guilty of a gross misdemeanor, and upon conviction shall be fined not less than five hundred dollars nor more than one thousand dollars.

NEW SECTION. Sec. 31. A new section is added to chapter 81.52 RCW to read as follows:

Abandonment of a spur, siding, or branch line within the state of Washington may be proposed on a motion by a carrier, or in the case of a sidetrack, on a motion by either a carrier or the former shipper. A motion for abandonment requires a hearing by the commission, at which all parties in interest may testify and introduce papers and matters pertinent to the proposed abandonment. The commission shall render its decision within a reasonable time after the hearing.

Sec. 32. Section 81.56.100, chapter 14, Laws of 1961 and RCW 81.56.100 are each amended to read as follows:

In case of violation of the provisions of RCW 81.56.060 through 81.56.110 by any railroad company, it shall pay a penalty of ((~~twenty~~)) fifty dollars for every car it ((~~shall~~)) neglects to weigh and bill within the state as ((~~above~~)) provided in RCW 81.56.060 through 81.56.080, to be recovered from ((~~such~~)) the company in action where there is any agent of ((~~such~~)) the railroad company who may be served with process((~~, and~~)). The penalties recovered under RCW 81.56.060 through 81.56.110 shall be paid into the county treasury in ((~~such~~)) the county where action is taken.

Sec. 33. Section 81.60.040, chapter 14, Laws of 1961 and RCW 81.60.040 are each amended to read as follows:

Every police officer appointed and commissioned under the provisions of RCW 81.60.010 through 81.60.060 shall when on duty have the power and authority conferred by law on peace officers, but shall exercise such power only in the protection of the property belonging to or under the control of the corporation at whose instance he is appointed and in preventing, and making arrest for, violations of law upon or in connection with such property. While on duty the officer shall have no other duties other than the protection of such property, and the prevention of or making arrest for, violations of law upon or in connection with such property.

Sec. 34. Section 1, chapter 2, Laws of 1977 ex. sess. and RCW 81.61.010 are each amended to read as follows:

Unless the context clearly requires otherwise, the term "passenger-carrying vehicle" as used in this chapter means those buses and trucks owned, operated ((~~and~~)), maintained, or hired by a railroad company which transports railroad employees anywhere in ((~~other than the cab of such~~)) the vehicle and designed primarily for operation on roads, which vehicle may or may not be equipped with retractable flanged wheels for operation on railroad tracks.

NEW SECTION. Sec. 35. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 36. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.