H-920                _______________________________________________

                                                    HOUSE BILL NO. 371

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Baugher, L. Smith, Walk and Fisch

Read first time 1/28/87 and referred to Committee on Transportation.

AN ACT Relating to railroad equipment; adding a new section 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 legislature finds that with the advent of cabooseless operations within the state of Washington their regulation for the public health and safety may be 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 give the utilities and transportation commission the authority to hold hearings and issue orders requiring the use of rear-end devices or cabooses on certain trains.

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

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