Print Friendly HOUSE BILL NO. 194 – RR property, unauthorized access
HOUSE BILL NO. 194
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0194.........................................by TRANSPORTATION AND DEFENSE
RAILROAD PROPERTY - Adds to existing law to prohibit unauthorized access to
or use of railroad property; to limit responsibility of railroad owners,
operators and employees to warn persons violating this law; and to clarify
applicability of the provisions of this law.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 194
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO OPERATION OF RAILROADS; AMENDING CHAPTER 4, TITLE 62, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 62-425, IDAHO CODE, TO PROHIBIT UNAUTHO-
4 RIZED ACCESS TO OR USE OF RAILROAD PROPERTY, TO LIMIT RESPONSIBILITY OF
5 RAILROAD OWNERS, OPERATORS AND EMPLOYEES TO WARN PERSONS VIOLATING THIS
6 LAW AND TO CLARIFY APPLICABILITY OF THE PROVISIONS OF THIS LAW.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 4, Title 62, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION , to be
10 known and designated as Section 62-425, Idaho Code, and to read as follows:
11 62-425. ACCESS TO RAILROAD PROPERTY -- DUTY OF CARE -- APPLICABILITY. (1)
12 A person other than a railroad employee may not ride or climb or attempt to
13 ride or climb on, off, under, over or across a railroad locomotive, car or
15 (2) A person other than a railroad employee may not walk, ride or travel
16 across, along or upon railroad yards, tracks, bridges or rights-of-way at any
17 location other than at public crossings.
18 (3) A person may not intentionally obstruct or interfere with train oper-
19 ations or use railroad property for recreational purposes.
20 (4) (a) Except as provided in paragraph (b) of this subsection, an owner
21 or operator of a railroad, including its officers, agents and employees,
22 owes no duty of care to warn of any dangerous conditions, use, structure
23 or activity on, or to keep railroad yards, tracks, bridges or active
24 rights-of-way safe for entry or use by any person violating the provisions
25 of this section.
26 (b) A person who is injured while violating the provisions of this sec-
27 tion may not recover damages for any injury from the owner or operator of
28 the railroad or any of its employees unless:
29 (i) The owner or operator or any of its employees had actual knowl-
30 edge of the person's presence on the property; and
31 (ii) The owner or operator or any of its employees intentionally,
32 willfully, or maliciously injured the person.
33 (5) The provisions of this section shall not apply to any railroad
34 employee, business invitee, or individual who has received authorization from
35 the owner or operator of the railroad to enter railroad property.
36 (6) The provisions of this section shall not modify any rights or duties
37 of federal, state, county or municipal officials in the performance of their
39 (7) Nothing in this section shall affect the rights granted to employees
40 under federal law including the federal railway labor act, 45 USC secs. 151
41 through 164 or restrict an official of a rail union.
STATEMENT OF PURPOSE
The purpose of this legislation is to identify who may climb or
ride on railroad equipment, and to define who may legalLy use
railroad yards, rights of way, etc. A railroad company's obligation
to trespassers is defined. This legislation would bar a person who
is injured while trespassing on railroad property from seeking
damages. The right of public officials to enter upon railroad
properties to perform their duties is preserved. Representation
rights of railroad employees under the Railway Labor Act are
There will be no fiscal impact upon the general fund of the State
CONTACT: Rep. Kent Kunz
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 194