CHAPTER 245b*
RAILROAD OPERATIONS

      Sec. 13b-324. (Formerly Sec. 16-140). Compliance with orders re operation of trains. Accident notification requirements. (a) The Commissioner of Transportation shall investigate the operating and manning of passenger and freight trains and make such orders, regulations or recommendations as, upon investigation, the commissioner deems necessary for the safety and protection of the public or of the employees of any railroad company operating such trains. Any railroad company that fails to comply with any valid order of the commissioner shall be fined not more that one thousand dollars for each offense and be liable in double damages for any resulting injury or damages to any person.

      (b) In the event of an accident involving personal injury or affecting the public safety occurring on any of its property or involving any of its equipment, a railroad company shall notify the commissioner as soon as possible after the accident. Any notice given orally shall be confirmed in writing within five days. Any railroad company that fails to comply with this subsection shall be fined not more than five hundred dollars for each offense.

      (1949 Rev., S. 5525; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 81-435, S. 2.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-140 transferred to Sec. 13b-324; P.A. 81-435 imposed penalties for failure to comply with any valid order of the commissioner and added Subsec. (b) imposing notification requirements in case of an accident.

      Sec. 13b-325. (Formerly Sec. 16-141). Operation of motor buses. Any railroad company operating a railroad in the state may apply to the Department of Transportation for certificates of public convenience and necessity pursuant to the provisions of chapter 244 and, subject to the provisions thereof, so far as the same may be applicable, may acquire, own and operate motor vehicles for the purpose of carrying passengers for hire upon the highways of the state at a fixed individual or per capita fare and for the purpose of transporting property for hire upon such highways.

      (1949 Rev., S. 5526; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 571, 610; P.A. 79-610, S. 40, 47.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, effective December 1, 1975; P.A. 77-614 substituted "division of public utility control within the department of business regulation" for "public utilities control authority", effective January 1, 1979; P.A. 79-610 substituted "department of transportation" for "division of public utility control within the department of business regulation"; in 1981 Sec. 16-141 transferred to Sec. 13b-325.

      Secs. 13b-326 to 13b-328. (Formerly Secs. 16-142 to 16-144). Operation: Of gasoline cars; by electricity; of aircraft. Sections 13b-326 to 13b-328, inclusive, are repealed, effective October 1, 2002.

      (1949 Rev., S. 5527-5529; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; S.A. 02-12, S. 1.)

      Sec. 13b-329. (Formerly Sec. 16-145). Audible signals; distance from grade crossing when sounding is to commence; maximum decibel level regulations. (a) Each engine used upon a railroad shall be supplied with an audible signal of sufficient amplification for existing circumstances, which audible signal shall be so attached to such engine as to be conveniently accessible to the engineer and in good order for use. Each person controlling the motions of an engine on a railroad shall commence sounding the audible signal when such engine is approaching and is within eighty rods of the place where such railroad crosses any highway at grade and shall keep such audible signal occasionally sounding until such engine has crossed such highway, provided when it appears to the Commissioner of Transportation upon the written complaint of an elected official of any town, city or borough wherein such crossing at grade is located that public safety requires the commencing of the sounding of the audible signal at a distance greater or lesser than eighty rods from such crossing at grade, the Commissioner of Transportation shall make such order in relation thereto as he deems advisable, provided in no event shall said Commissioner of Transportation order the sounding of any audible signal to commence at a distance of less than twenty-seven rods from any crossing at grade. The company in whose service such person may be shall pay all damages which may accrue to any person in consequence of any omission to comply with any provision of this subsection; and no railroad company shall knowingly employ an engineer who has been twice convicted of violating any provision of this subsection.

      (b) The Commissioner of Transportation, with the advice of the Commissioner of Environmental Protection may establish by regulation the maximum decibel levels which may be emitted by any audible signal attached to a train engine, provided such maximum decibel level shall not be less than eighty-seven decibels.

      (c) Any railroad company operating any train engine which is equipped with an audible signal which produces noise emissions in excess of the maximum decibel levels allowed for such devices as established by said Commissioner of Transportation is in violation of this section.

      (1949 Rev., S. 5530; 1957, P.A. 382; P.A. 77-175; 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-59, S. 1, 2.)

      History: P.A. 77-175 provided for sounding of bell or whistle at greater distance then already established where public safety requires and also provided for a minimum distance and provided that the public utilities control authority with advice of commissioners of environmental protection and transportation may establish maximum decibel levels for noise emitting devices and set a minimum level of eighty-seven decibels and that company's failing to comply with levels once established, shall be in violation of the section; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; P.A. 79-59 deleted references to bells and whistles and substituted therefor, "audible signal" and deleted provision for air whistle in lieu of steam whistle; in 1981 Sec. 16-145 transferred to Sec. 13b-329.

      Annotations to former section 16-145:

      Company owes only ordinary care to persons on highway near railroad. 56 C. 457. Engineer is not usually required to sound both whistle and bell, but must use both if circumstances require. 59 C. 369. Engineer's acts to be judged by circumstances as they appeared to him at the time. 60 C. 299. If engineer complies with statute as to signals, he fulfills his whole duty, in the absence of special circumstances. 72 C. 212. Failure to give warnings as negligence. 82 C. 144. See note to section 13b-343. Statute is for protection of users of highway crossings. 127 C. 331. Applies only to grade crossings over highways which are public ways. 136 C. 670. Reversible error for court to fail to refer to conflict in evidence as to whether crossing was a highway or private way crossing. 137 C. 353.

      Cited. 15 CS 109. Cited. 21 CS 282.

      Sec. 13b-330. (Formerly Sec. 16-146). Warning device on gasoline motor car. Any railroad company operating a gasoline motor car upon its railroad shall use on such car such device or devices, for giving warning of the approach of such car to crossings of such railroad by highways, as are approved by the Commissioner of Transportation, and the use of such device or devices on such cars shall be construed to be a compliance with the requirements of section 13b-329.

      (1949 Rev., S. 5531; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-146 transferred to Sec. 13b-330.

      Sec. 13b-331. (Formerly Sec. 16-147). Engineers to have copies of law and be sworn. No company shall permit any person to drive an engine upon a railroad operated by it, unless he has first received a printed copy of section 13b-329 and of this section and has made oath that he will faithfully comply with their provisions.

      (1949 Rev., S. 5532.)

      History: In 1981 Sec. 16-147 transferred to Sec. 13b-331.

      Sec. 13b-332. (Formerly Sec. 16-148). Assistant engineer or fireman may signal. Each engineer in charge of an engine may direct and authorize any fireman or assistant engineer, who is under his authority at the time, to perform the duties imposed upon him as such engineer by section 13b-329, but nothing in this section shall relieve the engineer from any liability or responsibility.

      (1949 Rev., S. 5533.)

      History: In 1981 Sec. 16-148 transferred to Sec. 13b-332.

      Annotation to former section 16-148:

      Cited. 15 CS 109.

      Sec. 13b-333. (Formerly Sec. 16-149). Signal at crossing not at grade. Section 13b-333 is repealed, effective October 1, 2002.

      (1949 Rev., S. 5534; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; S.A. 02-12, S. 1.)

      Sec. 13b-334. (Formerly Sec. 16-150). Commissioner of Transportation may regulate signals. When the selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough bring their petition in writing to the Commissioner of Transportation, representing that the public interest requires that the blowing of the engine whistle at certain points within the limits of such town, city or borough shall be dispensed with, the commissioner shall appoint a time and place for hearing such petition and shall give reasonable notice thereof to the petitioners and the company operating such railroad. If, after such hearing, the commissioner is of the opinion that the sounding of the whistle can be safely dispensed with, he shall direct such company to omit such signal and require any other signal in lieu thereof which he judges best. The commissioner may, at any time, modify or annul any such order.

      (1949 Rev., S. 5535; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, where first appearing and "authority" for "commission" where appearing subsequently, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-150 transferred to Sec. 13b-334.

      Annotations to former section 16-150:

      Railroad stationing flagman at crossing on order of commissioners ordinarily performs its full duty in protecting travelers. 90 C. 52. See note to sections 13b-329, 13b-343.

      Sec. 13b-335. (Formerly Sec. 16-151). Change of signals. Section 13b-335 is repealed, effective October 1, 2002.

      (1949 Rev., S. 5536; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; S.A. 02-12, S. 1.)

      Sec. 13b-336. (Formerly Sec. 16-152). Lights on track motor cars. Each person, firm or corporation operating or controlling any railroad running through or within the state shall equip each of its track motor cars, used during the period from thirty minutes before sunset to thirty minutes after sunrise, with an electric headlight of such construction and with sufficient candlepower to render plainly visible, at a distance of not less than three hundred feet in advance of such track motor car, any track obstruction, landmark, warning sign or grade crossing, and shall equip such track motor car with a red rear electric light of such construction and with sufficient candlepower as to be plainly visible at a distance of three hundred feet. Any person, firm or corporation operating or controlling any railroad running through or within this state using or permitting to be used on its lines in this state a track motor car in violation of the provisions of this section shall be fined one hundred dollars for each violation.

      (1951, S. 2612d.)

      History: In 1981 Sec. 16-152 transferred to Sec. 13b-336.

      Sec. 13b-337. (Formerly Sec. 16-153). Windshields and tops on track motor cars. (a) Each person, firm or corporation operating or controlling any railroad running through or within this state shall equip each of its track motor cars with (1) a windshield and a device for cleaning rain, snow and other moisture from such windshield, which device shall be maintained in good order and so constructed as to be controlled or operated by the operator of such track motor car, and (2) a canopy or top of such construction as to adequately protect the occupants thereof from the rays of the sun, rain, snow or other inclement weather.

      (b) Any person, firm or corporation operating or controlling any railroad running through or within this state using or permitting to be used on its lines in this state a track motor car in violation of the provisions of subsection (a) of this section shall be fined one hundred dollars for each violation.

      (1951, S. 2613d; P.A. 03-115, S. 78.)

      History: In 1981 Sec. 16-153 transferred to Sec. 13b-337; P.A. 03-115 divided existing provisions into Subsecs. (a) and (b) and made technical changes.

      Sec. 13b-338. (Formerly Sec. 16-154). Obstruction of streets by railroad cars. No railroad corporation or receiver or assignee thereof, or its or his servant or agent, shall wilfully or negligently obstruct or unnecessarily and unreasonably use or occupy any highway or street, or shall in any case obstruct, use or occupy a highway or street with cars or engines for more than five minutes at one time. Any railroad corporation, or receiver or assignee thereof, violating any provision of this section shall be fined not more than one hundred dollars.

      (1949 Rev., S. 2164.)

      History: In 1981 Sec. 16-154 transferred to Sec. 13b-338.

      Annotation to former section 16-154:

      Former statute upheld and applied. 82 C. 1.

      Sec. 13b-339. (Formerly Sec. 16-155). Obstruction of highway at crossing. Any person traveling upon any public highway, which is crossed by the tracks of any railroad company, who is obstructed or prevented from crossing such tracks for a longer time than five minutes, by reason of any train, car or locomotive using or occupying such highway, or by any gate, may recover twenty-five dollars and costs from the corporation or person owning or operating such railroad, provided suit shall be brought within thirty days from the date of such obstruction. The person first filing notice with the Commissioner of Transportation of intention to bring suit under the provisions of this section shall be entitled to the only recovery for any such obstruction.

      (1949 Rev., S. 5537; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-155 transferred to Sec. Sec. 13b-339.

      Annotation to former section 16-155:

      Cited. 136 C. 683.

      Sec. 13b-340. (Formerly Sec. 16-156). Use of highway for switching. The Commissioner of Transportation may forbid any railroad company to use for switching purposes or standing trains such portion of its tracks upon or across any highway as in his opinion public convenience requires should not be so used; and he may limit the number of tracks which a company may lay upon or across a highway for side tracks or switching purposes, and may order any such company to remove such of the side tracks or switching tracks upon or across any highway as the commissioner deems public convenience or safety requires should be removed.

      (1949 Rev., S. 5538; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" where next appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-156 transferred to Sec. 13b-340.

      Annotation to former section 16-156:

      Origin and purpose of this section. 82 C. 3.

      Sec. 13b-341. (Formerly Sec. 16-157). Use for switching regulated on petition. The Commissioner of Transportation, when requested in writing by the selectmen of any town, the mayor of any city or the warden of any borough to forbid the use for switching purposes of the tracks of any company where the same cross any highway within such town, city or borough, shall visit such crossing, first giving reasonable notice to the authorities making such request and to such company, and, if he finds that public convenience requires, shall order the company operating such railroad not to use the same, or such part thereof as may be specified in such order, for switching purposes, and may make any order regulating such switching that he deems advisable; and, upon like application and notice, shall make such orders in regard to the laying of side tracks or tracks for switching purposes upon or across such highways, or for the removal of such tracks already laid, as he deems advisable. The commissioner may change any such order, after giving such town, city or borough and such company an opportunity to be heard.

      (1949 Rev., S. 5539; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" where next appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-157 transferred to Sec. 13b-341.

      Annotation to former section 16-157:

      Purpose and effect of this section. 84 C. 581.

      Sec. 13b-342. (Formerly Sec. 16-158). General orders regarding crossings. Forfeiture. The Commissioner of Transportation may make orders for the regulation of the speed at which locomotives and cars shall cross highways and generally may make all orders which he deems necessary to prevent inconvenience to the public relating to the crossing or obstruction of highways by locomotives and cars. Any company which violates any such order shall forfeit to the state fifty dollars for each day of such violation.

      (1949 Rev., S. 5540; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-158 transferred to Sec. 13b-342.

      See Sec. 13b-348 re regulation of trains' speed in cities and boroughs.

      Annotations to former section 16-158:

      In absence of order, whether speed is excessive is question of fact. 81 C. 609; 82 C. 3; 83 C. 323. See note to sections 13b-343 and 13b-369. Cited. 122 C. 293. Cited. 136 C. 683.

      Cited. 15 CS 109.

      Annotation to present section:

      Cited. 33 CA 775.

      Sec. 13b-343. (Formerly Sec. 16-159). Gates, flagmen and signals. Forfeiture. The Commissioner of Transportation, when requested in writing by the selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough to order gates, a flagman or electric signals or other signal device to be installed and maintained at any railroad crossing where a railroad crosses a public highway at grade within such town, city or borough, shall hold a hearing thereon or may, of his own motion, hold such hearing, first giving the town, city or borough wherein the crossing is located, and the company operating the railroad, reasonable notice thereof. If the commissioner upon such hearing finds that public safety requires it, the commissioner shall order such company to install and maintain, at such crossing, gates, a flagman or such electric signals or other signal device as may be approved by the commissioner, or to do any other act deemed necessary for the protection of the public. The commissioner may rescind, alter or amend any such order, whenever the commissioner deems it necessary, upon first giving the municipality wherein the crossing is located and the railroad company an opportunity to be heard thereon. If any such company fails to comply with any order of the commissioner made pursuant to this section, it shall forfeit to the state fifty dollars for each day of such failure.

      (1949 Rev., S. 5541; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" where appearing thereafter, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-159 transferred to Sec. 13b-343.

      Annotations to former section 16-159:

      Requirements of commission are not exhaustive; railroad may be negligent in not providing other safeguards. 102 C. 750; 103 C. 508; but see 90 C. 56; 81 C. 609. Cited. 136 C. 683.

      Cited. 15 CS 109.

      Annotation to present section:

      Cited. 33 CA 775.

      Sec. 13b-344. (Formerly Sec. 16-160). Signs at grade crossings. Notification of locations of railroad crossings. Local police or firemen to direct traffic at crossings with malfunctioning gates or signals. (a) Each town, city or borough shall place, inspect and maintain warning signs and pavement markings consisting of stop lines and advance warning markings on each highway approaching a crossing at grade of such highway and the tracks of any railroad within the respective limits of such town, city or borough. Such signs shall be furnished by the railroad company crossing such highway. Such signs and pavement markings shall conform with the Federal Highway Administration's Manual on Uniform Traffic Control Devices and shall be placed in a manner that conforms with said manual. If in the case of any such crossing it appears that the placing of the signs prescribed by this section is impracticable or unnecessary, the Commissioner of Transportation may release such municipality from the obligation of placing and maintaining such signs on the highway near such crossing. The railroad company operating over such crossing, or the private party or corporation owning a railroad right-of-way, shall annually notify in writing the appropriate town, city, borough or, in the case of a state highway, the Commissioner of Transportation of the location of all railroad crossings within the respective limits of such town, city or borough and the obligations of such town, city or borough under the provisions of this subsection. The commissioner shall provide each such railroad company, private party or corporation with a list of the towns, cities and boroughs to be notified in accordance with this subsection. Such list shall include the name and address of the official to whom such notification shall be delivered.

      (b) Each town, city or borough, upon receipt of a report of a malfunctioning grade crossing gate or signal shall dispatch local police or firemen to the crossing who shall, upon consultation with the railroad company crossing such highway, either direct traffic across the crossing or to an alternate route until such time as the railroad company crossing such highway repairs the gate or signal or assumes responsibility for directing traffic.

      (1949 Rev., S. 5542; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 90-329, S. 1; P.A. 00-148, S. 12, 41.)

      History: P.A. 75-486 substituted public utilities control "authority" for public utilities "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "authority", effective January 1, 1979; in 1981 Sec. 16-160 transferred to Sec. 13b-344; P.A. 90-329 added a new Subsec. (b) requiring local police or firemen to direct traffic at crossings at grade with malfunctioning gates or signals; P.A. 00-148 amended Subsec. (a) by requiring the inspection of warning signs and the placement, inspection and maintenance of certain pavement markings, by replacing requirements that signs and pavement markings conform with standards set by the American Association of State Highway Officials and be placed in conspicuous locations with requirement that signs and pavement markings conform with the Federal Highway Administration's Manual on Uniform Traffic Control Devices, by deleting provision re petition of municipality and by adding procedure for notification to the appropriate municipality of all railroad crossings within the limits of the municipality, and amended Subsec. (b) by requiring municipal police or firemen to consult with the railroad company crossing the highway re a report of a malfunctioning grade crossing gate or signal, effective May 26, 2000.

      Annotation to former section 16-160:

      Cited. 136 C. 683.

      Annotation to present section:

      Cited. 33 CA 775.

      Sec. 13b-344a. Person not to cross tracks when warned by signal, gates, flagmen or law enforcement officer of approach of railroad locomotive. No person shall cross railroad tracks at a designated railroad grade crossing when warned by an automatic signal, crossing gates, flagman or law enforcement officer of the approach of a railroad locomotive, railroad car or train or when otherwise warned of the approach of such a locomotive, car or train. Violation of this section shall be an infraction.

      (P.A. 05-210, S. 34.)

      Sec. 13b-345. (Formerly Sec. 16-161). Duty of Commissioner of Transportation re grade crossings. Traffic control measures. Installation of signs. Logs listing crossing malfunctions. Inspections and repair of malfunctioning gates. (a) The Commissioner of Transportation shall investigate conditions surrounding all railroad crossings with public highways at grade and determine at which of such crossings public safety reasonably requires that any person traveling upon the highway shall come to a stop or proceed with caution before passing over the tracks at such crossing. The commissioner may require the railroad company at each of such crossings so determined to erect and maintain on the highway and within the limits of its right-of-way a "stop", "caution" or other sign of a type approved by the commissioner, and may require the company at any grade crossing to erect and maintain stop, caution, warning or other signs of a type approved by the commissioner, but where the tracks cross at grade on state highways, the State Traffic Commission shall prescribe the nature of traffic control devices and traffic control measures to be installed at such grade crossings. When traffic control measures are to be installed on state highways, they shall be furnished and installed by the Commissioner of Transportation.

      (b) The commissioner shall require each railroad company operating trains at or above twenty-five miles per hour, at all of its crossings at grade with gates or signals, to erect and maintain, within the limits of its right-of-way, a sign advising the public to call the 911 emergency telecommunications number upon the malfunctioning of any grade crossing gates or signals. Such sign shall be of a type approved by the commissioner or the State Traffic Commission.

      (c) The commissioner shall require each railroad company to maintain logs, subject to the inspection of the department, listing all reports of the malfunctioning of its grade crossing gates or signals. Each log shall contain information concerning all investigations and actions taken by the company to repair the malfunctioning gates or signals. Each company shall report to the municipality all actions taken to repair any malfunctioning gates or signals within the municipality.

      (d) Each railroad company, upon receiving a report of the malfunctioning of one of its crossing gates or signals, shall immediately investigate such report and repair any malfunction. Such inspection shall not be completed from a moving train.

      (1949 Rev., S. 5543; 1963, P.A. 246; 1969, P.A. 768, S. 224; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 90-329, S. 2; P.A. 00-148, S. 13, 41.)

      History: 1963 act provided for state traffic commission to prescribe traffic control devices and measures where trucks cross at grade on state highways and for the state highway commissioner to furnish and install traffic control measures on state highways; 1969 act substituted "commissioner of transportation" for "state highway commissioner"; P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" where appearing thereafter, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority" where appearing, effective January 1, 1979; in 1981 Sec. 16-161 transferred to Sec. 13b-345; P.A. 90-329 added a new Subsec. (b) requiring railroad companies to erect signs with the 911 emergency telecommunications telephone number at all of crossings at grade, a new Subsec. (c) requiring railroad companies to maintain logs of all malfunctioning gates or signals, a new Subsec. (d) requiring railroad companies to immediately investigate and repair all malfunctioning gates or signals and a new Subsec. (e) exempting trains which do not exceed twenty-five miles per hour from the provisions of the section; P.A. 00-148 amended Subsec. (b) by adding provision limiting the requirements of subsection to railroad companies operating trains at or above twenty-five miles per hour and deleted former Subsec. (e) re exemption of railroad companies operating trains which do not exceed twenty-five miles per hour, effective May 26, 2000.

      Annotation to former section 16-161:

      Cited. 136 C. 683.

      Annotations to present section:

      Cited. 26 CA 74. Cited. 33 CA 775.

      Sec. 13b-345a. Towns authorized to petition the department to install a mandatory stop on any municipal or state highway approaching a crossing at grade. Any town, city or borough may petition the Department of Transportation to provide a mandatory stop on any municipal or state highway approaching a crossing at grade. Upon receipt of any such petition, the department shall fix a time and place of hearing, within a reasonable time, and shall provide notice of such hearing to the public through publication of notice in a newspaper having general circulation in the town, city or borough where such crossing is located. Within sixty days of the hearing the department shall render a written decision on the petition.

      (P.A. 90-329, S. 3.)

      Cited. 33 CA 775.

      Sec. 13b-345b. Regulations to ensure safe maintenance, inspection and testing of signal systems and devices at railroad crossings. Section 13b-345b is repealed, effective July 1, 1998.

      (P.A. 90-329, S. 4; P.A. 98-182, S. 21, 22.)

      Sec. 13b-346. (Formerly Sec. 16-162). Penalty. Any person who, without right, removes, throws down, damages or defaces any sign described in sections 13b-344 and 13b-345, or who, without right, extinguishes or damages any light illuminating any such sign, shall be fined not more than ten dollars or imprisoned not more than thirty days or both.

      (1949 Rev., S. 5544.)

      History: In 1981 Sec. 16-162 transferred to Sec. 13b-346.

      Cited. 33 CA 775.

      Sec. 13b-347. (Formerly Sec. 16-163). Warnings at grade crossings. Section 13b-347 is repealed, effective October 1, 2002.

      (1949 Rev., S. 5545; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; P.A. 02-89, S. 90.)

      Sec. 13b-348. (Formerly Sec. 16-164). Speed of trains in cities and boroughs. The power to regulate the speed of railroad trains within the limits of cities and boroughs shall be vested exclusively in the Commissioner of Transportation.

      (1949 Rev., S. 5546; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-164 transferred to Sec. 13b-348.

      See Sec. 13b-342 re general orders regarding crossings.

      Sec. 13b-349. (Formerly Sec. 16-165). Cars at rear of locomotive. No railroad company shall operate any regularly scheduled train for the transportation of passengers which is propelled by a locomotive attached to the cars in any other manner than at the rear of such locomotive, unless authorized by the Commissioner of Transportation after hearing and under such limitations as the commissioner may prescribe. The provisions of this section shall not apply to locomotives while trains are being made up in yards, or while switching, or in emergencies which interrupt the regular schedule of trains. Any railroad company which operates any train in violation of the provisions of this section shall forfeit fifty dollars to the state.

      (1949 Rev., S. 5547; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" where appearing thereafter, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 section 16-165 transferred to section 13b-349.

      Sec. 13b-350. (Formerly Sec. 16-166). Standard time. Section 13b-350 is repealed, effective October 1, 2002.

      (1949 Rev., S. 5548; S.A. 02-12, S. 1.)

      Sec. 13b-351. (Formerly Sec. 16-167). Approach to station. Forfeiture. Each railroad company shall maintain a convenient and safe approach for vehicles to each of its passenger stations from the highway and, for a reasonable time before and after the arrival of any passenger train stopping at such station, shall keep such approach free from obstruction. The Commissioner of Transportation may make such orders as he deems necessary and reasonable in each such case to which his attention is called. Any company violating such an order shall forfeit to the state one hundred dollars for each day of such violation.

      (1949 Rev., S. 5549; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-167 transferred to Sec. 13b-351.

      Sec. 13b-352. (Formerly Sec. 16-168). Platforms; hand cars; water; baggage checks; stations posted. Section 13b-352 is repealed, effective October 1, 2002.

      (1949 Rev., S. 5550; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; S.A. 02-12, S. 1.)

      Sec. 13b-353. (Formerly Sec. 16-169). Water closets at stations. Each company operating a railroad shall maintain at each regular passenger station such suitable water closets as in the judgment of the Commissioner of Transportation the public convenience may require. The commissioner may make all necessary orders relating thereto and enforce the same by mandamus in the name of the state.

      (1949 Rev., S. 5551; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-169 transferred to Sec. 13b-353.

      Sec. 13b-354. (Formerly Sec. 16-169a). Maintenance of station and working yard areas. As used in this section "working yard area" means the area used for the classification and storage of passenger and freight cars. Each railroad company shall maintain its station and working yard areas free from debris, weeds and vegetation.

      (1969, P.A. 329, S. 1, 2.)

      History: In 1981 Sec. 16-169a transferred to Sec. 13b-354.

      Sec. 13b-354a. Maintenance of margins alongside tracks and rights-of-way. Filing complaint by railroad labor representative. Regulations. (a) Every railroad shall maintain and keep clear of debris the margins alongside their tracks on their right-of-way and alongside their yard tracks used for switching operations where railroad employees are required to walk in the course of their duties. Such margins constitute the area between the ends of the ties and a distance of nine feet on either side of the center line of any track in any yard. Each railroad shall keep the area around any switch in any such yard clear of debris for a distance of nine feet on either side of the center line of any tracks wherein any such switch is located. Such debris shall include, but not be limited to, used or discarded brake shoes, air hoses, railroad ties, or portions thereof, parts of railroad cars or locomotives, lumber and oil, grease or waste of any type. Debris does not include track materials being placed on or removed from the tracks under maintenance or replacement programs concerning which the railroad has notified its employees of the presence and location of such materials.

      (b) If after fifteen days all normal collective bargaining procedures or those specified in state or federal regulations have failed to resolve a debris condition as specified in this section, upon the filing by a recognized railroad labor representative, as defined by the Railway Labor Act, 45 USC 151 to 159a, inclusive, as from time to time amended, of a written, verified complaint with the railroad superintendent of the division involved and with the Department of Transportation, designating the nature of the debris and the particular area or location where any of the above-described debris has existed for a period of at least seventy-two hours, the superintendent of the division shall advise the complainant as well as the Department of Transportation within ten days as to the specific remedies or actions said superintendent intends to take to resolve the complaint. If the superintendent takes issue or disagrees with the verified complaint filed by the designated railroad labor representative, he shall within ten days so notify said representative and the Department of Transportation. The Department of Transportation shall be allowed a period of fifteen days to determine the veracity of said complaint. If the complaint proves to be correct as verified by the Department of Transportation inspector, the Department of Transportation shall then issue appropriate orders to the railroad specifying that the conditions be rectified within ten days. At the end of the tenth day, if the conditions still persist, the Department of Transportation shall be empowered to fine the railroad the sum of fifty dollars per day until such time as the complaint has been rectified.

      (c) The Department of Transportation shall adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.

      (P.A. 89-372, S. 3, 4; P.A. 03-115, S. 79.)

      History: P.A. 03-115 amended Subsec. (c) to make a technical change.

      Sec. 13b-354b. Maintenance of way crews or employees working in area of double or multiple railroad tracks. Whenever maintenance of way crews or employees are working in the area of double or multiple railroad tracks the following safety precautions are required: (1) All trains shall be notified of the location, by mile post, of the crews or employees working on the track, such notification shall be in writing to the train engineer from the carrier; (2) all trains operating on such tracks shall operate at a speed not to exceed fifty miles per hour; (3) one member of the crew shall be assigned as a flag person to warn other crewmen or employees of approaching trains and such flagperson shall be equipped with a radio, horn and flag; and (4) no work shall be conducted and all crewmen or employees shall stand clear while a train is approaching and passing through a work area.

      (P.A. 90-258.)

      Sec. 13b-355. (Formerly Sec. 16-170). Bulletin of late trains. Forfeiture. The Commissioner of Transportation, whenever requested by twenty electors residing within two miles of any station on a railroad in this state, or by the first selectman of the town, the mayor of the city or the warden of the borough in which such station is located, shall require the company owning such station to bulletin the arrival and departure of all trains over ten minutes late. No such order shall be rescinded except after hearing by the commissioner held at or near such station, after reasonable notice by mail to the signers of such request. Any company failing to comply with such order shall forfeit to the state fifty dollars for each day of such neglect.

      (1949 Rev., S. 5552; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)

      History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission, and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority", effective January 1, 1979; in 1981 Sec. 16-170 transferred to Sec. 13b-355.

      Secs. 13b-356 to 13b-359. (Formerly Secs. 16-171 to 16-174). Transportation of explosives; forfeiture. Charge for storage; forfeiture. Lien for transportation charges. Receipt; forfeiture. Sections 13b-356 to 13b-359, inclusive, are repealed, effective October 1, 2002.

      (1949 Rev., S. 5553-5556; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610; S.A. 02-12, S. 1.)

      Sec. 13b-360. (Formerly Sec. 16-175). Fire caused by engine; insurable interest. When property is injured by fire communicated by an engine of a railroad company, without contributory negligence on the part of the person entitled to the care and possession of such property, such company shall be held responsible in damages to the extent of such injury to the person so injured. Each such company shall have an insurable interest in the property for which it may be so held responsible in damages and may procure insurance thereon in its own behalf.

      (1949 Rev., S. 5557.)

      History: In 1981 Sec. 16-175 transferred to Sec. 13b-360.

      See Sec. 23-42 et seq. re liability of railroads for damages caused by sparks and railroad fire hazards generally.

      Annotations to former section 16-175:

      Company held for damage to B's property caused by fire starting on A's land, and left burning at A's request. 52 C. 271. Statute held constitutional, and that "property" included fences and trees. 54 C. 447. Statute is not penal, and action thereon is not barred for six years. 56 C. 21. Company cannot have advantage of owner's insurance on property destroyed. 60 C. 129. Liability statutory, not for negligence. 62 C. 339; 93 C. 79. Contributory negligence will defeat recovery on this statute. 72 C. 28. Nature of evidence admissible; other fires set by sparks from engine. 93 C. 79. What evidence of damage is admissible; 106 C. 424; where equitable relief is also claimed; Id., 434; measure of damage where property has no real market value. Id., 430.

      Sec. 13b-361. (Formerly Sec. 16-176). Notice of claim. No action shall be brought under section 13b-360 unless written notice of the claim is given to such company within twenty days after the fire, specifying the day of the fire, giving a general description of the property injured and stating the amount claimed as damages. Such notice may be given by a letter signed by the claimant or his agent, mailed to the superintendent of the railroad or delivered to its station agent at a station in the town where the fire occurred.

      (1949 Rev., S. 5558.)

      History: In 1981 Sec. 16-176 transferred to Sec. 13b-361.

      Sec. 13b-362. (Formerly Sec. 16-177). Fire communicated by railway engine. In an action to recover for any injury occasioned by fire communicated by any railroad locomotive engine in this state, the fact that such fire was so communicated shall be prima facie evidence of negligence on the part of the person or corporation who, at the time of such injury by fire, is in the use and occupation of such railroad, either as owner, lessee or mortgagee, and of those who at such time have the care and management of such engine.

      (1949 Rev., S. 7899.)

      History: In 1981 Sec. 16-177 transferred to Sec. 13b-362.

      Annotations to former section 16-177:

      Cited. 60 C. 135. Cited. 62 C. 338, 339. Doctrine of contributory negligence as applied to such fires. 72 C. 24. Injunctive relief against operating trains so as to cause further fires. 106 C. 425.

      Secs. 13b-363 and 13b-364. (Formerly Secs. 16-178 and 16-179). Clearing land adjacent to railroad right-of-way. Land damages not affected by fire risk. Sections 13b-363 and 13b-364 are repealed, effective October 1, 2002.

      (1949 Rev., S. 5560, 5561; S.A. 02-12, S. 1.)

      Sec. 13b-365. (Formerly Sec. 16-180). Certain employees to wear badges. All the conductors, brakemen and baggagemen employed upon the passenger trains of any company, when on duty, shall wear, in a conspicuous place, a badge showing their respective duties and the name of such company.

      (1949 Rev., S. 5562.)

      History: In 1981 Sec. 16-180 transferred to Sec. 13b-365.

      Secs. 13b-366 to 13b-374. (Formerly Secs. 16-182 to 16-190). Trains to stop before crossing drawbridge or railroad. Interference with navigation. Drawbridges. Passing switches, stations and crossings without stopping; forfeiture. Platforms for shipment of livestock. Hospital stretchers. Hours of labor of telegraph and telephone operators and train dispatchers. Passenger car regulations. Heating and lighting cars. Sections 13b-366 to 13b-374, inclusive, are repealed, effective October 1, 2002.

      (1949 Rev., S. 5564-5572; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 02-89, S. 90; S.A. 02-12, S. 1.)

      Sec. 13b-375. Enforcement of statutory provisions and orders of commissioner. On application of the Commissioner of Transportation or of the Attorney General, the superior court for the judicial district of Hartford may enforce, by appropriate decree or process, any provision of this chapter and chapters 245 and 245a or any valid order of the Commissioner of Transportation pursuant to these chapters.

      (P.A. 81-435, S. 3; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      See Secs. 13b-235, 13b-315 for identical provisions relating to railroads and railways generally and railroad construction and location respectively.

      Sec. 13b-376. Operation Lifesaver Committee. Appointments. Duties. Regulations. (a) There is established an Operation Lifesaver Committee which shall be within the Department of Transportation for administrative purposes only. The committee shall establish an operation lifesaver program designed to reduce the number of accidents at railway crossings and to increase the public awareness of railroad crossing hazards. Said committee shall consist of the Commissioner of Transportation or his designee, the Commissioner of Education or his designee, and the Commissioner of Public Safety or his designee, and six members appointed as follows: Two representatives of civic organizations, one appointed by the president pro tempore of the Senate and one appointed by the minority leader of the House of Representatives, a representative of the railroad industry appointed by the speaker of the House of Representatives, a representative of a parent teacher association appointed by the majority leader of the Senate, a representative of a local law enforcement agency appointed by the majority leader of the House of Representatives and a local government official appointed by the minority leader of the Senate. The Commissioner of Transportation shall serve as chairperson of the committee. The committee shall meet at such times as it deems necessary.

      (b) The Operation Lifesaver Committee shall: (1) Administer and operate the operation lifesaver program; (2) establish committees to promote the program on the local level; (3) educate the public with information designed to reduce the number of accidents, deaths and injuries at railroad and at-grade crossings; (4) encourage state and local law enforcement agencies to vigorously enforce the law governing motorist and pedestrian rights and responsibilities; (5) encourage the development of engineering and safety improvements; (6) encourage the maintenance of railroad and at-grade crossings; (7) make recommendations to the General Assembly implementing the purposes of the committee. The committee shall annually review its progress and submit its findings and recommendation to the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

      (c) The Department of Transportation may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.

      (P.A. 92-98, S. 1-3.)

      See Sec. 4-38f for definition of "administrative purposes only".

      Secs. 13b-377 to 13b-386. Reserved for future use.