2001 Legislation
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HOUSE BILL NO. 115 – Railroads, walkways

HOUSE BILL NO. 115

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H0115.....................................................by WAYS AND MEANS
RAILROADS - Adds to existing law to provide for the applicability of the
Standard Walkways for Railroads Act within the Public Utilities Commission;
to define terms; to provide for surface of walkways; to provide for slope;
to provide for Walkway Standard No. 1 between yards and switches; to
provide for Walkway Standards No. 2 for yards, car spotting areas and
regular crew change points; to provide for Walkway Standards No. 3 for
switches; to provide for Walkway Standard No. 4 for derails; to provide for
access walkways; to provide for walkways on structures and in tunnels; to
provide for handrails; to provide for walkways on curves; and to provide
for walkways for trackside warning devices.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 115
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STANDARD WALKWAYS FOR RAILROADS; AMENDING TITLE 62, IDAHO CODE, BY
  3        THE ADDITION OF A NEW CHAPTER 5, TITLE 62, IDAHO CODE, TO PROVIDE FOR  THE
  4        APPLICABILITY OF THE STANDARD WALKWAYS FOR RAILROADS ACT, TO DEFINE TERMS,
  5        TO PROVIDE FOR SURFACE OF WALKWAYS, TO PROVIDE FOR SLOPE, TO PROVIDE WALK-
  6        WAY STANDARD NO. 1 BETWEEN YARDS AND SWITCHES, TO PROVIDE WALKWAY STANDARD
  7        NO.  2  FOR  YARDS,  CAR SPOTTING AREAS AND REGULAR CREW CHANGE POINTS, TO
  8        PROVIDE WALKWAY STANDARD NO. 3 FOR SWITCHES, TO PROVIDE  WALKWAY  STANDARD
  9        NO. 4 FOR DERAILS, TO PROVIDE FOR ACCESS WALKWAYS, TO PROVIDE FOR WALKWAYS
 10        ON  STRUCTURES,  TO  PROVIDE FOR WALKWAYS IN TUNNELS, TO PROVIDE FOR HAND-
 11        RAILS, TO PROVIDE FOR WALKWAYS ON CURVES, AND TO PROVIDE FOR WALKWAYS  FOR
 12        TRACKSIDE WARNING DEVICES.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That Title 62, Idaho Code, be, and the same is hereby amended
 15    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 16    ter 5, Title 62, Idaho Code, and to read as follows:
                                                                        
 17                                      CHAPTER 5
 18                           STANDARD WALKWAYS FOR RAILROADS
                                                                        
 19        62-501.  APPLICABILITY  OF STANDARD WALKWAYS FOR RAILROADS ACT. (1) Except
 20    as provided in subsection (2) of this section, this chapter   shall  apply  to
 21    each  railroad  owning  and capitalizing railroad trackage, and each person or
 22    unit of government owning, leasing or holding a salvage interest  in  railroad
 23    trackage.
 24        (2)  Subsection   (4)  of section 62-503, Idaho Code, shall apply to those
 25    occupying property adjacent to railroad trackage, in addition to  those  enti-
 26    ties or persons set forth in subsection (1) of this section.
 27        (3)  The  commission   may  order  walkways  conforming to section 62-505,
 28    Idaho Code, be constructed and maintained along one (1) or both sides  of  any
 29    railroad  track,  structure, or railway tunnel where not otherwise required by
 30    this chapter, only after notice to the affected railroad and hearing, in  case
 31    of dispute.
 32        (4)  Except  as approved by the commission, no railroad track or structure
 33    shall be placed in service until walkways have been provided that are in  com-
 34    pliance with the applicable standard and notice is given to the commission.
 35        (5)  Other  than for routine maintenance, any structure altered or rebuilt
 36    shall be equipped with a walkway on at least one (1) side conforming to  stan-
 37    dards set forth in section 62-510, Idaho Code.
 38        (6)  A  railroad operating on its own or another railroad's property shall
 39    comply with all the provisions of this chapter, and any order or rules of  the
 40    commission, for that portion of the railroad facility upon which it is operat-
 41    ing.
 42        (7)  This chapter does not apply:
                                                                        
                                           2
                                                                        
  1        (a)  During  periods  of  new  track  construction,  maintenance,  repair,
  2        renewal, reconstruction, or alteration of a right-of-way, track, or struc-
  3        ture,  where  obstruction or removal of a walkway is unavoidable, provided
  4        affected railroad personnel are given prior written  notice  and  provided
  5        walkways  are  returned  to  standard  upon completion of the work. Unless
  6        authorized by the commission, nonstandard walkways shall not exist  for  a
  7        period exceeding thirty (30) days, unless all reasonable efforts are being
  8        made to complete the work as soon as is possible;
  9        (b)  During  periods  of  heavy  rain or snow, derailments, rock and earth
 10        slides, washouts, and like unforeseen conditions, including  a  reasonable
 11        time to permit necessary restoration;
 12        (c)  During  periods of new construction of industry tracks, not to exceed
 13        fifteen (15) calendar days from the date of first use without written con-
 14        sent of the commission, provided written notice is given to  all  affected
 15        railroad employees and to the commission; or
 16        (d)  At  locations  where  the  commission has authorized an impairment of
 17        standard clearance for a permanent obstruction, which has been  placed  or
 18        constructed  alongside  a track in such a location as to block the walkway
 19        partially or to prevent construction of the applicable  standard  walkway,
 20        the  available space between the impairing obstruction and the track shall
 21        meet the applicable walkway standard in every respect except as  prevented
 22        by the impairment.
                                                                        
 23        62-502.  DEFINITIONS. As used in this chapter  unless the context requires
 24    otherwise:
 25        (1)  "Commission" means the Idaho public utilities commission.
 26        (2)  "Inside  edge  of a walkway" is that edge of a walkway closest to the
 27    nearest rail of the track for which the walkway is constructed.
 28        (3)  "Structure" is any bridge or trestle on which  a  railroad  track  is
 29    constructed.
 30        (4)  "Walkway"  is  a  pathway  located  alongside or in the vicinity of a
 31    railroad track for the purpose of providing an area for railroad employees  to
 32    perform their normal trackside duties.
 33        (5)  "Yard"  is a system of tracks other than main tracks and sidings used
 34    for making up trains, storing cars and other purposes  including  the  inspec-
 35    tion, repair and cleaning of cars.
                                                                        
 36        62-503.  SURFACE. (1) Walkways shall have a reasonably regular surface and
 37    shall  be  maintained  in  a safe condition, clear of such vegetation, debris,
 38    standing water and other obstructions which may constitute a hazard  to  rail-
 39    road employees working on the ground.
 40        (2)  Except  as  provided  in  subsection  (3)  of  this section, walkways
 41    located along yard tracks and tracks where switching  is  regularly  performed
 42    two  (2)  or more times weekly, or railroad employees inspect and repair cars,
 43    shall be surfaced with crushed material not to exceed thirty-eight (38) milli-
 44    meters in size or with asphalt, concrete, planking, grating or  similar  mate-
 45    rial.
 46        (3)  Walkways  located  along switching lead tracks, switches in yards and
 47    along car spotting areas shall be surfaced with crushed material not to exceed
 48    twenty-five (25) millimeters in size  or  with  asphalt,  concrete,  planking,
 49    grating or similar material.
 50        (4)  The commission, after investigation, upon its own motion, or upon the
 51    petition  of  any  aggrieved  person may determine that the safety of railroad
 52    employees requires the applicable standard set forth in subsection (2) or  (3)
 53    of this section for any walkway.
                                                                        
                                           3
                                                                        
  1        (5)  No railroad, owner or lessee shall allow debris on walkways.
  2        (6)  Walkways  not covered by subsection (2) or (3) of this section may be
  3    surfaced with crushed ballast materials.
                                                                        
  4        62-504.  SLOPE. (1) Except as provided in subsections (2) and (3) of  this
  5    section,  walkways shall not have a slope in excess of one (1) to eight (8) in
  6    any direction.
  7        (2)  Excess slope is permissible where the proximity of adjacent tracks so
  8    dictates so long as the  slope  between  tracks  is  constant.  When  frequent
  9    switching occurs, or railroad employees inspect and repair cars, terracing may
 10    be required between adjacent tracks to provide a level surface for a walkway.
 11        (3)  Excess  slope  is  permissible at locations where a vehicle or pedes-
 12    trian way intersects a standard walkway unless the commission,  after investi-
 13    gation, upon its own motion or upon  the  petition  of  any  aggrieved  person
 14    determines that the safety of railroad employees requires the slope prescribed
 15    by subsection (1) of this section.
                                                                        
 16        62-505.  WALKWAY STANDARD NO. 1: BETWEEN YARDS AND SWITCHES. Walkway stan-
 17    dard no. 1 shall be a walkway with a minimum width of at least six hundred ten
 18    (610)  millimeters,  the outside edge of which shall be no closer than two and
 19    forty-three hundredths (2.43) meters and no further than six and seventy  hun-
 20    dredths  (6.70)  meters  from  the  centerline  of the track. It shall be con-
 21    structed and maintained so that the elevation of its surface is not below  the
 22    base  of  the ballast section of the roadbed nor above the top of the ties and
 23    in compliance with section 62-5O4, Idaho Code. If required by  the  commission
 24    under  subsection (3) of section 62-501, Idaho Code, walkway standard no. 1 in
 25    this section  shall apply to all trackage, except where walkway standard no. 2
 26    contained in section 62-506, Idaho Code, walkway standard no. 3  contained  in
 27    section  62-507,  Idaho  Code,  or walkway standard no. 4 contained in section
 28    62-508, Idaho Code, is applicable.
                                                                        
 29        62-506.  WALKWAY STANDARD NO. 2: YARDS, CAR  SPOTTING  AREAS  AND  REGULAR
 30    CREW  CHANGE POINTS. (1) Walkway standard no. 2 shall be a walkway constructed
 31    to a minimum width of one and eighty-two hundredths (1.82) meters, as measured
 32    from the outside edge of the rail. It shall be constructed and  maintained  so
 33    that  the elevation of its surface is approximately level with the tops of the
 34    ties, but not above top of rail. Walkway standard no. 2 shall be located along
 35    both sides of all tracks within yards and in advance of, to include all points
 36    contiguous to yards where railroad employees normally work on the ground.
 37        (2)  In areas where railroad or industry car spotting is performed,  walk-
 38    ways  conforming to walkway standard no. 2 shall be constructed and maintained
 39    throughout the area where cars are actually spotted, and  in  advance  of,  to
 40    include all locations where railroad employees normally work on the ground.
 41        (3)  At  regular crew change points, a walkway conforming to walkway stan-
 42    dard no. 2 shall be constructed and maintained on one (1) side  of  the  track
 43    throughout  the  area  where  employees  are getting on and off locomotives or
 44    cabooses.
                                                                        
 45        62-507.  WALKWAY STANDARD NO. 3: SWITCHES.  (1)  Walkway  standard  no.  3
 46    shall  be  a walkway constructed to a minimum width of one and eighty-two hun-
 47    dredths (1.82) meters, as measured from the outside edge of the rail. It shall
 48    be constructed and maintained so that the elevation of its surface is approxi-
 49    mately level with the top of the ties, but not above top of  rail.  Except  as
 50    provided  in  subsection  (2) of this section, walkway standard no. 3 shall be
 51    located along both sides of the track for a minimum distance  of  thirty-eight
                                                                        
                                           4
                                                                        
  1    and  ten hundredths (38.10) meters on each side of every switch stand or other
  2    trackside switch-throwing mechanism.
  3        (2)  Walkways conforming to this standard shall be  continuous  and  main-
  4    tained  from  the switch stand through the switch frog and along the diverging
  5    tracks to a point at least seven and sixty-two hundredths (7.62) meters beyond
  6    the three and ninety-six  hundredths  (3.96)  meter  clearance  point  of  the
  7    switch.
  8        (3)  An  additional  nine  hundred  fourteen  (914) millimeters of walkway
  9    width shall extend for a minimum distance of  one  and  twenty-one  hundredths
 10    (1.21)  meters  in  each  direction  from  the switch stand or other trackside
 11    switch-throwing mechanism on the side of the  track  where  the  mechanism  is
 12    located.  This  additional  nine  hundred  fourteen (914) millimeters of width
 13    shall be gradually tapered back to the one and  eighty-two  hundredths  (1.82)
 14    meter  minimum  width  in  a distance of not less than six and nine hundredths
 15    (6.09) meters.
                                                                        
 16        62-508.  WALKWAY STANDARD NO. 4: DERAILS. (1) Walkway standard no. 4 shall
 17    be a walkway constructed and maintained to conform, in width and elevation, to
 18    section 62-507, Idaho Code (walkway standard no.  3).  As  measured  from  the
 19    derail  mechanism, the walkway shall extend for six and nine hundredths (6.09)
 20    meters toward the switch and three and four hundredths (3.04) meters away from
 21    the switch. At derails operated by a switch stand, an additional nine  hundred
 22    fourteen  (914)  millimeters  of walkway width shall extend for a minimum dis-
 23    tance of one and twenty-one hundredths (1.21) meters in  each  direction  from
 24    the  switch  stand, and only on the switch stand side of the track. This addi-
 25    tional nine hundred fourteen (914) millimeters of  width  shall  be  gradually
 26    tapered  back  to the one and eighty-two hundredths (1.82) meter minimum width
 27    in a distance of not less than six and nine hundredths (6.09)  meters  in  the
 28    direction toward the switch and not less than three and four hundredths (3.04)
 29    meters in the direction away from the switch.
 30        (2)  Derails located within sixty and ninety-six hundredths (60.96) meters
 31    of  a switch-throwing mechanism shall have a continuous standard no. 3 walkway
 32    between the two (2) on the same side of the track  as  the  derail  or  derail
 33    switch stand.
                                                                        
 34        62-509.  ACCESS WALKWAYS. (1) Walkways shall be constructed and maintained
 35    to provide access between tracks in yards wherever adjacent tracks are six and
 36    nine  hundredths  (6.09)  meters or less apart, as measured from centerline to
 37    centerline. Such walkways shall be at least six hundred ten (610)  millimeters
 38    in  width  and  shall be provided at intervals as necessary to enable railroad
 39    employees to walk from one (1) track to another to perform switching or  other
 40    work about trains.
 41        (2)  Adequate  access  walkways shall be provided at locations where train
 42    crew members are regularly dropped off or picked  up  by  a  highway  vehicle.
 43    Walkways  of at least six hundred ten (610) millimeters in width shall be con-
 44    structed and maintained to allow employees to safely walk between  the  normal
 45    stopping  point  of  the highway vehicle and the track where the locomotive or
 46    caboose is located, or where work is to be performed.
 47        (3)  Except as provided in subsections (1) and (2) of this section, access
 48    walkways with a minimum width of six hundred ten (610)  millimeters  shall  be
 49    constructed  and maintained when and where determined necessary by the commis-
 50    sion.
                                                                        
 51        62-510.  WALKWAYS ON STRUCTURES. (1) A walkway on a structure shall have a
 52    minimum width of six hundred ten (610) millimeters, the outside edge of  which
                                                                        
                                           5
                                                                        
  1    shall  be  no  closer  than two and thirty-six hundredths (2.36) meters to the
  2    centerline of the track. It shall be constructed and maintained in such a man-
  3    ner that its surface is as close as possible to the top of ties.
  4        (2)  At each end of a structure the walkway shall be gradually tapered  in
  5    accordance  with  section  62-504, Idaho Code (slope), to meet the base of the
  6    ballast section or an existing walkway.
  7        (3)  Any structure altered or rebuilt, other than for routine maintenance,
  8    shall be equipped with a walkway conforming to standards  set  forth  in  this
  9    section.
                                                                        
 10        62-511.  WALKWAYS  IN TUNNELS. (1) A walkway conforming to section 62-505,
 11    Idaho Code (walkway standard no. 1), shall be constructed and maintained in  a
 12    tunnel,  upon order of the commission, only after notice to the affected rail-
 13    road, and hearing, in case of dispute, and be located as close as is  possible
 14    to the tunnel wall, with its surface as close as possible to the top of ties.
 15        (2)  At  each  end  of  a tunnel the walkway shall be gradually tapered in
 16    accordance with section 62-504, Idaho Code (slope), to meet the  base  of  the
 17    ballast section or an existing walkway.
                                                                        
 18        62-512.  HANDRAILS. Except for walkways between tracks, each walkway on an
 19    elevated structure such as a bridge or trestle, shall be equipped with an ade-
 20    quate  handrail  with  a minimum height of one and one hundredth (1.01) meters
 21    above the walkway surface. The handrail shall be located at the  outside  edge
 22    of the walkway.
                                                                        
 23        62-513.  WALKWAYS  ON  CURVES.  Except  where  section  62-505, Idaho Code
 24    (walkway standard no. 1), applies, a walkway located on the inside of a  curve
 25    exceeding  seventeen  (17) degrees shall have a minimum width of two and thir-
 26    teen hundredths (2.13) meters as measured from the outside edge of rail.
                                                                        
 27        62-514.  WALKWAYS FOR TRACKSIDE WARNING DEVICES. A walkway  conforming  to
 28    section  62-505, Idaho Code (walkway standard no. 1), or section 62-510, Idaho
 29    Code (walkways on structures), as appropriate, shall be constructed and  main-
 30    tained,  upon  order of the commission, for such distance and in each location
 31    as is necessary to facilitate inspection of a train  stopped  by  a  trackside
 32    warning  device,  only  after notice to the affected railroad, and hearing, in
 33    case of dispute.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                               
                           RS 10880
                               
This legislation would provide walkway standards for areas abounding
railroad tracks in this state. This legislation would put into
statute the standards that exist in the State of Oregon for walkway
standards and would enhance safety along railroads. The Public
Utilities Commission would be the state agency administering the
standards.




                         FISCAL IMPACT
                               
                               
                               
There should be no fiscal impact to any fund of state or local units
of government. The Public Utilities Commission should be able to
administer this program with existing funds and personnel.








STATEMENT OF PURPOSE/FISCAL NOTE                         H 115



Contact
     Name:   Speaker Bruce Newcomb
     Phone:  332 1000