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Re: Mount Hood #89 Heads North To Santa Cruz
Author: dave buccolo
Date: 12-30-2012 - 18:48
Dick, CPUC regulations apply at all private crossings in the State of Califorina, unless the crossing is in a quiet zone as defined by the FRA and that corssing is not even close to meeting quite zone requirements. One of the problems with non-califorina rail operators and owners is they do not seem to understand that besides the FRA the CPUC can regulate them and they fail to get copies of all the CPUC general orders and rules and then run afoul of the CPUC, this also makes it hard for all the shortlines in the state who work hard to comply with the regualtions and it gives the CPUC room to make more rules and try and say the shortline railroads are not safe. Even with the two employees on the point protecting the move they must blow the horn and ring the bell over any crossing please see below the CPUC Rule paragraph 2 this is the portion of the rule that adds in the private crossings to the whistle rule.
Section 7604. (Amended by Stats. 2006, Ch. 885, Sec. 3.)
Cite as: Cal. Pub. Util. Code §7604.
(a)(1)Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning device shall be sounded at any public crossing in accordance with Section 222.21 of Title 49 of the Code of Federal Regulations.
(2)Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning device shall be sounded, consistent with paragraph (1), at all rail crossings not subject to the requirements of Subpart B (commencing with Section 222.21) of Part 222 of Title 49 of the Code of Federal Regulations.
(3)A bell, siren, horn, whistle, or similar audible warning device shall not be sounded in those areas established as quiet zones pursuant to Subpart C (commencing with Section 222.33) of Part 222 of Title 49 of the Code of Federal Regulations.
(4)This section does not restrict the use of a bell, siren, horn, whistle, or similar audible warning device during an emergency or other situation authorized in Section 222.23 of Title 49 of the Code of Federal Regulations.
(b)Any railroad corporation violating this section shall be subject to a penalty of two thousand five hundred dollars ($2,500) for every violation. The penalty may be recovered in an action prosecuted by the district attorney of the proper county, for the use of the state. The corporation is also liable for all damages sustained by any person, and caused by its locomotives, train, or cars, when the provisions of this section are not complied with.
Section 7604. (Amended by Stats. 2006, Ch. 885, Sec. 3.)
Cite as: Cal. Pub. Util. Code §7604.
(a)(1)Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning device shall be sounded at any public crossing in accordance with Section 222.21 of Title 49 of the Code of Federal Regulations.
(2)Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning device shall be sounded, consistent with paragraph (1), at all rail crossings not subject to the requirements of Subpart B (commencing with Section 222.21) of Part 222 of Title 49 of the Code of Federal Regulations.
(3)A bell, siren, horn, whistle, or similar audible warning device shall not be sounded in those areas established as quiet zones pursuant to Subpart C (commencing with Section 222.33) of Part 222 of Title 49 of the Code of Federal Regulations.
(4)This section does not restrict the use of a bell, siren, horn, whistle, or similar audible warning device during an emergency or other situation authorized in Section 222.23 of Title 49 of the Code of Federal Regulations.
(b)Any railroad corporation violating this section shall be subject to a penalty of two thousand five hundred dollars ($2,500) for every violation. The penalty may be recovered in an action prosecuted by the district attorney of the proper county, for the use of the state. The corporation is also liable for all damages sustained by any person, and caused by its locomotives, train, or cars, when the provisions of this section are not complied with.
