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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN 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 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