Subchapter B. SERVICE AND FACILITIES
ACCIDENTS Sec.
33.11. General.
33.12. Reportable accidents or incidents.
33.13. Telephone reports.
33.14. Accident or incident report forms.
PROTECTION OF CROSSINGS AT GRADE
33.21. General.
33.22. State aid for protective devices.
33.23. Aid from the Commission.
CONSTRUCTION, ALTERATION OR RELOCATION OF CROSSINGS
33.31. Regulations and procedure.
SAFETY—BRIDGES, TUNNELS, TRESTLES AND SWITCHES
33.41. Bridge or tunnel warnings.
33.42. Switches marked by lamps.
33.43. Walkways and railings.
OPERATION OF TRAINS
33.51. [Reserved].
33.52. Blind cars.
33.53. Pusher engines.
33.54. Federal safety regulations.
33.55. Interchange of traffic and loading of commodities on open top cars.
33.56. Safety of operation of railroad trains.
SANITATION AND SAFETY FACILITIES AND EQUIPMENT
33.61. [Reserved].
33.62. Locomotives.
33.63. Cabin cars.
33.64. Protection cars.
33.65. [Reserved].
33.66. [Reserved].
33.67. Use of back up hose in rail operations.
33.71—33.77. [Reserved].
33.81—33.84. [Reserved].
MOTOR VEHICLES
33.91. General regulations.
33.92. Transportation of employes.
ACCOUNTS, RECORDS AND REPORTS
33.101. Accounts.
33.102. Records.
33.103. Reports.
MISCELLANEOUS PROVISIONS
33.111. Change in status of a station.
33.112. Transportation of blind persons with guide dogs.
33.113. [Reserved].
ACCIDENTS
§ 33.11. General.
Each carrier shall submit a report of each reportable accident or incident involving its facilities or operation in this Commonwealth. Reports shall be addressed to the Bureau of Technical Utility Services, Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265.
Source The provisions of this § 33.11 were formerly designated Rule 1 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (239163).
§ 33.12. Reportable accidents or incidents.
A reportable accident or incident is one as defined in 49 CFR (relating to transportation) and when a carrier is required to report to the Federal Railroad Administration under 49 CFR Part 225 (relating to railroad accidents/incidents: reports classification, and investigations).
Source The provisions of this § 33.12 were formerly designated Rule 1 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial pages (239163) to (239164).
§ 33.13. Telephone reports.
A carrier shall immediately report by telephone to the Bureau an accident or incident which requires the carrier to telephonically notify the Federal Railroad Administration under 49 CFR Part 225 (relating to railroad accidents/incidents: reports classification, and investigations). The proper telephone number is provided on the Commission’s web site at www.puc.pa.gov.
Source The provisions of this § 33.13 were formerly designated Rule 1 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (239164).
§ 33.14. Accident or incident report forms.
Carriers shall make reports to the Bureau on forms which the carrier shall file with the Federal Railroad Administration as prescribed by 49 CFR Part 225 (relating to railroad accidents/incidents: reports classification, and investigations). Reports shall be submitted to the Commission within the same time period as the reports are required to be submitted to the Federal Railroad Administration under 49 CFR Part 225.
Source The provisions of this § 33.14 were formerly designated Rule 1 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial pages (239165) to (239166).
PROTECTION OF CROSSINGS AT GRADE
Source The provisions of these § § 33.21—33.23 were formerly designated Rule 2 by the Commission.
§ 33.21. General.
(a) A light shall be displayed on the head end of drafts of railroad cars being pushed or dropped over a public highway crossing, at grade, during hours of darkness, whether or not the tracks constitute a part of a railroad yard, except at times when such crossing is protected either by gates, watchmen, or train service employes.
(b) No carrier shall, without Commission approval, remove the protection afforded by interlocking signals, crossing gates, watchmen, automatic crossing signals, or any other protection against accidents, or reduce the number of hours that manual protection is maintained, or substitute or alter any existing form of protection at crossings, at grade, of the tracks of a carrier across a public highway, or the tracks of another carrier.
(c) Prior to installing automatic crossing signals at any unprotected crossing of a public highway, at grade, across its track or tracks, or at such a crossing, which is protected by fixed signs only, a carrier shall submit to the Commission plans of such proposed installation and receive approval of such plans.
(d) This section and § § 33.21—33.23 and 33.31 (relating to State aid for protective devices; aid from the Commission; and regulation and procedure) may not prevent the placing of watchmen or gates at any public highway crossing, at grade, or an increase by a carrier of the number of hours, daily, during which any public highway crossing, at grade, shall be protected, nor prevent the temporary use of watchmen or increased protection during emergencies, nor limit the trial installation of experimental protection devices. However, the Commission shall be notified promptly of such experimental signal installations or temporary manual protection. Commission approval of such additional temporary or experimental protection will not be required nor will such approval be required for removal of such additional temporary or experimental protection.
§ 33.22. State aid for protective devices.
In order to assist in establishing uniformity of protection at public highway crossings, at grade, presently unprotected and to provide improvements over devices now in use at other such crossings, the Department has agreed that it will participate in the cost of installing protection at grade crossing over its routes in accordance with the following conditions:
(1) Notice of the proposed project shall be prepared by the carrier on forms furnished by the Commission and submitted with detailed estimates of the cost of installation and plans to the Commission in sufficient time, prior to the proposed installation, to permit investigation by the Commission’s staff of conditions at the crossing and the sufficiency of the warning devices proposed to be installed. The forms will then be endorsed as to acceptability by the Director of the Bureau and transmitted to the Department for its approval of financial participation in the project.
(2) The proposed protection shall conform generally with the recommended standards of the joint committee on grade crossing protection of the Association of American Railroads, subject to such modifications as may be directed by this Commission. The carriers affected shall install and maintain the protective devices.
(3) Upon the completion of the installation, a statement of the actual cost shall be prepared by the carrier and forwarded to the Commission for review and transmittal to the Department which, upon its approval, will pay one-half the actual cost of the installation or such other proportion as may have been agreed to by the Department. If advance warning signs or other similar facilities are installed along the highways leading to the crossing, the cost of such facilities and work and expense of their installation and maintenance shall be borne and performed in such manner as agreed upon by the parties or as directed by the Commission.
Cross References This section cited in 52 Pa. Code § 33.21 (relating to general).
§ 33.23. Aid from the Commission.
Commonwealth aid in connection with the use of funds allocated to the Commission for aid in the installation of protection at grade crossings will be made by order of the Commission appropriating funds for specified installations. Application for such aid shall be submitted to the Bureau for recommendation to the Commission.
Cross References This section cited in 52 Pa. Code § 33.21 (relating to general).
CONSTRUCTION, ALTERATION OR RELOCATION OF CROSSINGS
§ 33.31. Regulations and procedure.
Each carrier shall comply with 66 Pa.C.S. § 2702 (relating to construction, relocation, suspension and abolition of crossings) and obtain Commission approval of the construction, alteration or relocation of every public highway and railroad crossing at grade, above grade or below grade, unless the Commission has given its prior unconditional consent to an abandonment of service or facilities of the line of railroad upon which such crossing or crossings are located.
Source The provisions of this § 33.31 were formerly designated Rule 3 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (239168).
Cross References This section cited in 52 Pa. Code § 33.21 (relating to general).
SAFETY—BRIDGES, TUNNELS, TRESTLES AND SWITCHES
§ 33.41. Bridge or tunnel warnings.
(a) Common carriers shall install and maintain warnings of the telltale or tapper type at a reasonable distance on each side of bridges, tunnels, or other obstructions over main tracks, main track sidings, yard and switching tracks in accordance with the specifications of the American Railway Engineering and Maintenance of Way Association or existing standard plans of individual railroads.
(b) The provisions of subsection (a) do not apply to locations in territory where, by railroad order or rule, employees are prohibited from climbing on top of moving cars, engines, or other high equipment, or at locations over industrial tracks where points of limited vertical clearances are marked by appropriate warning signs.
(c) As used in this section, the term ‘‘points of limited vertical clearance’’ shall mean points less than 22 feet above the top of the rail.
Source The provisions of this § 33.41 were formerly designated Rule 7 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (239168).
§ 33.42. Switches marked by lamps.
(a) Reflectorized switch targets may not be installed on either of the following items:
(1) Switch stands on yard tracks over which there is a substantial movement at night.
(2) Switch stands connected with a main track or passing siding track, except if the track is used only in daylight, or is protected by automatic block signals, cab signals, or train controls, or by a distant switch signal or indicator in manual block or train order territory.
(b) Any existing reflectorized targets on the switch stands enumerated in subsection (a) shall be replaced by self-illuminating lamps.
(c) For the purpose of this section, a substantial movement on yard tracks generally shall consist of five or more switching or train movements after sunset and before sunrise on any night.
Source The provisions of this § 33.42 were formerly designated Rule 8 by the Commission.
§ 33.43. Walkways and railings.
(a) Each carrier, shall provide and maintain safe and suitable walkways and railings as specified by the provisions of this section on the following bridges and coal, ore, and other trestles of such carrier if trainmen are ordinarily and customarily required to walk or to get on or off trains on such structures except if the structure is equipped with special protection for the movement of molten material.
(b) The bridges and trestles located within a train length of the entrance to any yard or water station or fuel station, and those where switching is performed generally on five or more occasions per day shall be equipped with walkways and railings as described in paragraphs (1) and (2). As used in this subsection, the term ‘‘train length’’ shall mean the maximum length of any train operated over the particular track involved. The walkways and railings to be provided on the various types of bridges and trestles at such locations shall be as follows:
(1) If the maximum permissible timetable speed of trains in the territory where the bridge or trestle is located is in excess of 30 miles per hour, the following provisions shall apply:
(i) Deck girders, deck trusses and trestles. Deck girders, deck trusses, and trestles shall utilize the following:
(A) Walkway and railing on each side in the case of a single track.
(B) Walkway between tracks and walkway and railing on each side of the bridge in the case of multiple tracks.
(ii) Through girders. Through girders shall utilize the following:
(A) Walkway and railing on each side in the case of a single track.
(B) Walkway between tracks and walkway and railing on each side of the bridge in the case of multiple tracks.
(iii) Intermediate girders. Intermediate girder construction shall be considered as single track.
(iv) Through trusses. Through trusses shall utilize the following:
(A) Walkway and railing on each side in the case of a single track.
(B) Walkway between tracks and walkway and railing on each side of the bridge in the case of multiple tracks.
(2) If the maximum permissible timetable speed of trains in the territory where the bridge or trestle is located is 30 miles per hour or less, the following provisions shall apply:
(i) Deck girders, deck trusses, and trestles. Deck girders, deck trusses, and trestles shall utilize the following:
(A) Walkway and railing on one side in the case of a single track.
(B) Walkway between tracks in the case of multiple tracks.
(ii) Through girders. Through girders shall utilize the following:
(A) Walkway and railing on one side in the case of a single track.
(B) Walkway between tracks in the case of multiple tracks.
(iii) Intermediate girders. Intermediate girder construction shall be considered as single track.
(iv) Through trusses. Through trusses shall utilize the following:
(A) Walkway and railing on one side in the case of a single track.
(B) Walkway between tracks in the case of multiple tracks.
(c) Each carrier shall submit to the Commission a report of the number and locations of its bridges and trestles to be equipped as required by the provisions of this section.
(d) This section applies to all common carriers and is subject to such amendment, change, modification, or exception as the Commission may deem just and proper or advisable.
Source The provisions of this § 33.43 were formerly designated Rule 9 by the Commission.
OPERATION OF TRAINS
§ 33.51. [Reserved].
§ 33.52. Blind cars.
(a) When a trainman is required to ride at the rear of a train, no such train which has more than two blind cars at the rear shall be dispatched or leave a point to travel in excess of 15 miles, without performing switching, unless a rider car is attached to the rear of the last blind car.
(b) Subsection (a) does not apply to trains in work, construction, yard, belt-line, transfer, or wreck services.
Source The provisions of this § 33.52 were formerly designated Rule 17 by the Commission. The provisions of this § 33.52 amended November 26, 1976, 6 Pa.B. 2942. Immediately preceding text appears at serial pages (27225) and (27226).
§ 33.53. Pusher engines.
All common carrier railroads operating in this Commonwealth shall promulgate or modify existing operating rules and procedures for the government of their respective employes so as to require that the operation of a pusher engine or engines behind an occupied cabin or caboose car, in train, shall be used subject to the following conditions:
(1) If the horsepower to be used by a pusher engine or engines behind a cabin or caboose exceeds 3,500, the train crew shall, before such a move is made, vacate the cabin car and occupy the pusher engine or a cabin car or caboose behind the pusher engine or engines, and the train shall be brought to a stop before the pusher engine or engines are detached.
(2) The practice of ‘‘cutting off on the fly’’ pusher engines behind occupied cabin cars shall be limited to those instances in which the horsepower used by the pusher engine does not exceed 3,500.
Source The provisions of this § 33.53 were formerly designated Rule 18 by the Commission.
§ 33.54. Federal safety regulations.
The safety regulations of the United States Department of Transportation supplement the provisions of this chapter and control when State regulations are pre-empted. However, a violation of the Federal regulations which is not otherwise a violation of this chapter may not be subject to additional penalty for the same violation if penalized by a Federal tribunal.
Source The provisions of this § 33.54 were formerly designated Rule 21 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (239171).
§ 33.55. Interchange of traffic and loading of commodities on open top cars.
The ‘‘Code of Rules for the Interchange of Traffic and the Rules Governing the Loading of Commodities on Open Top Cars,’’ published by the Association of American Railroads, shall supplement the provisions of this chapter.
Source The provisions of this § 33.55 were formerly designated Rule 22 by the Commission.
§ 33.56. Safety of operation of railroad trains.
(a) Conductors and enginemen assigned to trains operating within this Commonwealth shall be fully and timely qualified and conversant with their respective duties and responsibilities, and shall have met the requirements and successfully passed the examinations adopted by the employing railroad or railway company and of any railroad over which such employe is normally required to operate, before a proper officer of such a carrier, for promotion to conductor or engineman.
(b) Such requirements and examination shall include a knowledge of and familiarity with the physical characteristics of the portion of railroad to which the conductor or engineman is assigned.
(c) It shall be the responsibility of each carrier to adopt the measures necessary to insure the availability of an adequate number of qualified enginemen and conductors.
(d) It shall be the responsibility of all train and engine service employes to maintain a knowledge and understanding of current employe timetables and special instructions thereto, general orders, bulletin orders and revisions to operating rules effected by the railroad company.
(e) The circumstances set forth in paragraphs (1)—(3) which follow, shall be considered as exceptions to the rule.
(1) During periods of emergency, the inability of a carrier to furnish a properly qualified conductor for a train will not be considered a violation of this Rule. For purposes of the Rule, an emergency shall be a condition resulting from a hurricane, tornado, cyclone, flood, derailment or other track obstruction, or the temporary loss of an overhead catenary system used for the transmission of electrical energy, and the exception shall be effective for a period not to exceed 48 hours.
(2) In the event that a conductor is incapacitated due to illness or injury, prior to completion of an assignment, and there is no qualified conductor available at such intermediate point, prompt movement of the train to the next designated crew change point will not be considered a violation of this Rule.
(3) The assignment of properly qualified supervisory personnel to operate trains consisting of emergency shipments, during authorized strikes or work stoppages will not be considered a violation of this Rule.
Source The provisions of this § 33.56 were formerly designated Rule 26 by the Commission.
SANITATION AND SAFETY FACILITIES AND EQUIPMENT
§ 33.61. [Reserved].
Source The provisions of this § 33.61 were formerly designated Rule 12 by the Commission; reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial pages (239172) and (263643).
§ 33.62. Locomotives.
(a) All locomotives operated by or on each of the railroads in this Commonwealth, except those specifically exempted, shall be equipped with flush toilets or similar devices which sanitarily dispose of human waste matter, together with toilet paper properly protected from soil prior to use.
(b) The following locomotives are exempt from the requirements of subsection (a) of this section:
(1) ‘‘B’’ units, or locomotives used as ‘‘B’’ units or trailing units, if the lead or head locomotive is so equipped.
(2) Locomotives operated within this Commonwealth under lease or similar arrangement, until they have been used by the carrier for six months.
(3) Locomotives operating so as not to travel more than 60 miles in any one direction in this Commonwealth from the point of dispatchment.
(4) Locomotives commonly known as a ‘‘GG-1’’ and road switchers with or without steam generators commonly known as ‘‘EMD-GP-7,’’ ‘‘EMD-GP9,’’ ‘‘ALCO-RS2,’’ and ‘‘ALCO-RS3.’’ This exemption will terminate July 1, 1974.
(c) All locomotives, operated by common carrier railroads in this Commonwealth, except those exempted by subsection (b), shall be provided the following:
(1) Fresh drinking water at the beginning of each run or daily if in yard service.
(2) Commercially bottled water in tamper-proof disposable containers may be provided if bottled in accordance with Federal and State regulations and if refrigeration is provided. If commercially bottled water is not provided as described in this paragraph, then a glass-lined, stone-lined or stainless steel water dispenser of a nonfragile type equipped with a sanitary means of refrigeration in compliance with 21 CFR 1240.10, 1240.80, and 1250.85 (1980) as in effect on April 18, 1980 may be used. On April 18, 1980 21 CFR 1240.10 and 1240.80 were found at 40 FR 5620 (1975) and 21 CFR 1250.85 was found at 40 FR 5624 (1975).
(3) Single service cups in sufficient quantity and properly protected from soil prior to use.
(d) All locomotives, operated by common carrier railroads in this Commonwealth, except those exempted by subsection (b), shall be provided with suitable towels and hand cleaner in sufficient quantity, with a receptacle for used supplies.
(e) Prior to the beginning of each tour of duty or run within or into this Commonwealth or at the time of dispatchment from the engine house, all locomotives shall be inspected by the carrier to ascertain if the facilities required in this section are in operable and sanitary condition and, if such inspection indicates they are not, corrective action shall be taken prior to use.
(f) All new locomotives of the road and road switcher type acquired, except those excluded by subsection (b), shall be equipped with flush toilets or similar devices which sanitarily dispose of human waste matter.
Source The provisions of this § 33.62 were formerly designated Rule 20 by the Commission; amended June 20, 1980, effective June 21, 1980, 10 Pa.B. 2463; all locomotives and cabin cars affected by this section must be in compliance within six months of June 21, 1980. Immediately preceding text appears at serial page (20876).
Notes of Decisions Flush Toilets or Similar Devices
‘‘Similar device’’ means ‘‘a device which sanitarily disposes of human waste material,’’ and the record supports a conclusion by the PUC that equipping locomotives with disposable polyethylene bags sealed with non-slip ties which are to be placed in a plastic holding container does not comply with the requirement that locomotives be equipped with flush toilets or similar devices. Norfolk and Western Railway Company v. Public Utility Commission, 413 A.2d 1037 (Pa. 1980).
Interstate Commerce
State regulation of sanitary devices on locomotives does not create an undue burden on interstate commerce. Norfolk and Western Railway Company v. Public Utility Commission, 413 A.2d 1037 (Pa. 1980).
Preemption
State regulation of sanitary devices on locomotives is not preempted by the federal Boiler Inspection Act (45 U.S.C. § § 22—34), the Federal Railroad Safety Act of 1970 (45 U.S.C.A. § 421 et seq.), or the regulations of the Food and Drug Administration (21 CFR 1250.51(a) and (b)). Norfolk and Western Railway Company v. Public Utility Commission, 413 A.2d 1037 (Pa. 1980); reversing 399 A.2d 1184 (Pa. Cmwlth. 1979).
Remedial Measures
Where a railroad company has taken steps to correct operational difficulties with the sanitary toilet facilities in its locomotives, which facilities had previously been found to be in violation of this section, this section does not mandate that the railroad must install a completely different system, but rather allows the railroad to show that the existing system has been rendered sanitary by the correction of the operational difficulties. Public Utility Commission v. Norfolk and Western Ry. Co., 461 A.2d 1353 (Pa. Cmwlth. 1983).
§ 33.63. Cabin cars.
(a) All windows and door glass installed in cabin cars shall be shatterproof.
(b) All doors on cabin cars shall be equipped with hardware which insures proper closure and manipulation, and shall be maintained in a manner which insures proper functioning of doors at all times.
(c) All cabin cars shall be properly heated and shall have adequate ventilation obtained by windows opening to the atmosphere. Such windows shall be so constructed and maintained as to insure easy opening. All cabin cars operated by or on each of the railroads in this Commonwealth shall be equipped with screens for use during the season when flies and insects are prevalent. The use of properly functioning air-changing and air-cooling equipment is permitted.
(d) Cabin cars shall conform with the following:
(1) All cabin cars shall be provided with a minimum of two rigidly mounted interior electric lights, to furnish lighting of not less than 25 foot-candles at desk-top level, one of which shall be located above the desk, and one shall be installed at a location to provide proper illumination of the cabin interior.
(2) Cabin cars operated exclusively during daylight hours and those cabin cars operated within a radius of 20 miles from the point of dispatchment are exempt from the requirement of paragraph (1).
(e) Each cabin car in use shall be equipped with either flashing or constant burning electric marker lights displayed to the rear. These lights shall be of such intensity and so equipped with proper lens as to be visible at a distance of 3,000 feet under normal atmospheric conditions, except that cabin cars operated exclusively during daylight hours are exempt from this requirement.
(f) Cabin cars shall be equipped with all of the following:
(1) A water or chemical closet compartment and toilet tissue, except that short line railroads engaged principally in switching operations are exempt from this requirement.
(2) A refrigerator, except that short line railroads engaged principally in switching operations and cabin cars operated within a radius of five miles from the point of dispatchment where refrigeration is available are exempt from this requirement.
(3) A wash basin of stainless steel or other noncorrosive material and single-service paper towels, except that cabin cars operated within a radius of 15 miles from the point of dispatchment, where washing facilities are available, are exempt from this requirement.
(4) Individual single-service drinking cups and containers.
(5) A table or desk suitable for use by the crew in the performance of clerical duties and for dining purposes if used for such functions.
(6) A stove with proper and safe venting, and adequate fuel, capable of providing sufficient heat for the cabin interior, serviced and maintained regularly. In the event liquid gas fuel is used, proper and constant maintenance shall be performed to insure that there will be no leakage of gas or seepage of oil from the tank, fuel line, or connections, paying particular attention to the prevention of any accumulation of fuel on the floor of the cabin or gas in the cabin atmosphere.
(7) Fresh drinking water at the beginning of each run or daily if in yard service.
(8) Commercially bottled water in tamper-proof disposable containers may be provided if bottled in accordance with Federal and State regulations and if refrigeration is provided. If commercially bottled water is not provided as described in this paragraph, then a glass-lined, stone-lined, or stainless steel water dispenser of a nonfragile type equipped with a sanitary means of refrigeration in compliance with 21 CFR 1240.10, 1240.80 and 1250.85 (1980) as in effect on April 18, 1980 may be used. On April 18, 1980 21 CFR 1240.10 and 1240.80 were found at 40 FR 5620 (1975) and 21 CFR 1250.85 was found at 40 FR 5624 (1975).
(g) If in use, cabin cars shall have clean storage facilities for any tissue, cups or towels required by these regulations.
(h) An adequate supply of pure and potable water, obtained from a source approved by the Department of Health of the Commonwealth, shall be available for the use of occupants of cabin cars.
(i) Employers shall maintain all cabin cars in good repair, including the plumbing, lighting, heating and ventilation systems, and shall keep such cars in a clean condition, free from vermin and any accumulation of dirt, garbage or other refuse.
Source The provisions of this § 33.63 were formerly designated Rule 20 by the Commission; amended June 20, 1980, effective June 21, 1980, 10 Pa.B. 2463; all locomotives and cabin cars affected by this section must be in compliance within six months of June 21, 1980. Immediately preceding text appears at serial pages (20878) and (20879).
Cross References This section cited in 52 Pa. Code § 33.64 (relating to protection cars).
§ 33.64. Protection cars.
Protection cars shall comply with § 33.63(a), (b) and (f)(6) (relating to cabin cars) if they are equipped with at least one window with glass installed.
Source The provisions of this § 33.64 were formerly designated Rule 20 by the Commission.
§ 33.65. [Reserved].
Source The provisions of this § 33.65 were formerly designated Rule 20 by the Commission; reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial pages (239176) to (239178).
§ 33.66. [Reserved].
Source The provisions of this § 33.66 were formerly designated Rule 25 by the Commission. The provisions of this § 33.66 amended December 20, 1974, 4 Pa.B. 2570; reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial pages (239178) to (239179).
§ 33.67. Use of back up hose in rail operations.
(a) The use of back-up hoses in all train operations shall be for emergency stop of the train movement; however, the use of back-up hose for car spotting operations shall be permitted, providing that communication with the engineman is available to insure the safety of the movement.
(b) Future repairs to or replacement of back-up hoses by any carrier shall be to modify the hose to at least one-inch diameter (I.D.), with a maximum overall length not to exceed ten feet.
(c) All carriers shall instruct their employes in the proper use of the back-up hose, to include examination of same to make certain that any back-up hose used, will be in a fit and safe condition before being used in any subsequent train movement.
Source The provisions of this § 33.67 adopted August 6, 1976, 6 Pa.B. 1842.
§ § 33.71—33.77. [Reserved].
Source The provisions of these § § 33.71—33.77 reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial pages (239180) to (239182).
§ 33.81. [Reserved].
Source The provisions of this § 33.81 were formerly designated Rule 19 by the Commission; reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (239182).
§ 33.82. [Reserved].
Source The provisions of this § 33.82 were formerly designated Rule 13 by the Commission; reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (239182).
§ 33.83. [Reserved].
Source The provisions of this § 33.83 were formerly designated Rule 14 by the Commission; reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial pages (239182) to (239183).
§ 33.84. [Reserved].
Source The provisions of this § 33.84 were formerly designated Rule 15 by the Commission; reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial pages (239183) to (239184).
MOTOR VEHICLES
§ 33.91. General regulations.
(a) Each motor vehicle shall be inspected at the regular intervals prescribed by law and shall display a valid Commonwealth inspection certificate or be in compliance with the applicable reciprocity provisions of the Vehicle Code of Pennsylvania (75 P. S. § 101 et seq.). Each motor vehicle shall conform with all other provisions of the Vehicle Code and laws applicable to its type and classification.
(b) Each motor vehicle shall have fixed seats provided for the total number of persons permitted to ride therein, based upon the following:
(1) If the driver’s seat is bench-type and 56 inches or greater in width, not more than two persons in addition to the driver may ride thereon. A minimum of 24 inches shall be allowed for the accommodation of the driver.
(2) Individual or bench-type seats for passengers shall provide a minimum of 16 inches width per person.
(c) Each motor vehicle shall be provided with adequate controlled ventilation designed to avoid infiltration of gas fumes. Vehicles used during winter months shall have provisions for heating to a level of at least 45° F. in the compartments of both passengers and drivers. Adequate lighting shall be provided for entrance and exit with steps and handholds where appropriate.
(d) Each motor vehicle shall carry a basic minor repair kit, including jack, wheel lug wrench, and flashlight for roadside service; warning devices to indicate stalled or stopped vehicles, including signs, flags, and flares, shall also be carried.
(e) Each motor vehicle shall carry an adequate first aid kit suitable for the number of employes transported.
(f) A fire extinguisher of the dry chemical multipurpose type shall be available to the driver. An additional extinguisher shall be available in the passenger compartment of any motor vehicle intended to transport more than five passengers. Fire extinguishers shall have an Underwriters Laboratories, Incorporated, classification and rating of ‘‘1-A,’’ ‘‘4-B,’’ ‘‘C,’’ or superior. An Underwriters’ Laboratories, Incorporated, or an Underwriters of Canada classification and rating label shall be affixed to each extinguisher.
(g) Safety equipment, small tools, and materials shall be stored in a safe manner, but be readily accessible for use, by means of brackets, clamps, or compartmented boxes attached to the body or frame of the vehicle.
(h) Hand tools, articles of equipment, or materials used by the work crews may be carried in the passenger compartment of a vehicle if properly stowed. Items which might be hazardous to passengers, if dislodged by sudden motion, acceleration, braking, or stopping, shall be securely fastened to the vehicle body or frame by clamps, brackets, or lashing, or enclosed in storage bins or cribs.
(i) Gasoline or other flammable liquids, such as paint solvent, thinners, oils for snow or weed burning, and the like, may not be transported in the same compartment as passengers. Flammable liquids used in operations by personnel may be transported by the same vehicle, provided they are kept in underwriter-approved closed containers secured to the vehicle outside of the passenger compartment.
(j) Transportation of explosives and detonators shall conform with all appropriate provisions 75 Pa.C.S. (relating to Vehicle Code) and the regulations of the Hazardous Substances Transportation Board of the Commonwealth. No explosives or detonators may be carried on vehicles transporting personnel other than qualified blast men, one of whom shall be the driver of the vehicle.
(k) Each motor vehicle shall be maintained in a clean, sanitary, and safe mechanical and physical condition by means of regularly scheduled service and maintenance. Such regularly scheduled service and maintenance, other than the inspection or testing required by the driver as set forth in subsection (l) of this section, shall be conducted by personnel other than those regularly using the vehicle. Employes shall cooperate in maintaining clean and sanitary conditions.
(l) Inspection or testing by the driver of all parts vital to the safe operation of vehicles, such as brakes, steering gear, tires, lights and signalling devices, shall be made at the beginning of each shift or each day, and as often as necessary during use. Any condition found then or at any other time which will prevent the safe operation of the vehicle shall be corrected before such vehicle is used.
(m) Each vehicle driver shall be at least 18 years of age and possess a valid driver’s license issued by this Commonwealth for the type of vehicle used and service performed or comply with the applicable reciprocity provisions 75 Pa.C.S. (relating to Vehicle Code). The driver shall be responsible for the safe and legal operation of the vehicle and have full authority for its control. If not more than five persons comprise the work crew, the vehicle driver may be responsible for the conduct of the passengers. If a foreman or leader is present, such individual shall be responsible for the safe and disciplined behavior of personnel while in transit.
(n) In vehicles where the driver’s compartment is separate from the compartment used to transport employes, provision shall be made for communication between the driver and the passengers.
(o) Each common carrier railroad, its officers, agents, representatives, and other personnel responsible for compliance with the provisions of this section shall be familiar with the requirements of this section.
Source The provisions of this § 33.91 were formerly designated Rule 24 by the Commission.
Cross References This section cited in 52 Pa. Code § 33.92 (relating to transportation of employes).
§ 33.92. Transportation of employes.
All common carrier railroads operating in this Commonwealth shall comply with the provisions of § 33.91 (relating to regulations) with respect to motor vehicles used to transport railroad employes, whether or not on a public highway, to and from their place of employment or during the course of employment. Such vehicles shall be suitably equipped and maintained for the health, comfort, and safety of employes transported as provided in these regulations, except that in the event of emergency, if it appears necessary to transport railroad employes to a site by means of any available transportation, motor vehicles not designed to transport railroad employes may be used, or an unauthorized number of railroad employes may be transported in a motor vehicle, provided there is compliance with all of the following conditions:
(1) The supervisor authorizing such use shall submit a written report to the Commission within 5 days stating the exact nature of the emergency and justifying the use of a motor vehicle not in compliance with this section or other exception taken to standing orders.
(2) Reasonable and practical precautions shall be taken to ensure the safety of the driver and other occupants of vehicles.
(3) No disciplinary action may be taken against an employe for refusing to ride in or upon a motor vehicle not designed to transport railroad employes, or a vehicle carrying more than its authorized complement of men.
Source The provisions of this § 33.92 were formerly designated Rule 24 by the Commission.
ACCOUNTS, RECORDS AND REPORTS
§ 33.101. Accounts.
Each carrier authorized to operate in this Commonwealth shall keep and record its accounts and records in conformity with the systems of accounts for railroad companies, with text, definitions and instructions as embodied in the currently effective classifications prescribed for railroad companies by the Surface Transportation Board.
Source The provisions of this § 33.101 were formerly designated Rule 6 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (311895).
§ 33.102. Records.
Each carrier shall preserve its records in conformity with the effective regulations to the Surface Transportation Board.
Source The provisions of this § 33.102 were formerly designated Rule 6 by the Commission; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (311895).
§ 33.103. Reports.
A carrier shall file with the Commission each year an assessment report on a form provided by the Commission showing gross Commonwealth intrastate revenues for assessment purposes. The assessment report shall be filed by March 31 covering the preceding calendar year.
Authority The provisions of this § 33.103 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 510 and 2508.
Source The provisions of this § 33.103 amended December 22, 1989, effective December 23, 1989, 19 Pa.B. 5424; amended May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (311895).
Cross References This section cited in 52 Pa. Code § 101.2 (relating to definitions); and 52 Pa. Code § 101.4 (relating to reporting requirements).
MISCELLANEOUS PROVISIONS
§ 33.111. Change in status of a station.
(a) Each carrier shall obtain Commission approval prior to making any of the following changes with respect to any station maintained by the utility in this Commonwealth:
(1) Change a station from an agency station to a nonagency station.
(2) Abandon a station as a passenger station.
(3) Abandon a station as a freight station.
(4) Abandon a station entirely.
(b) Subsequent to the filing of an application seeking approval of one or more of the changes listed in subsection (a), the applicant shall post due notice of the proposed change in the station involved and at three other conspicuous places in its vicinity. The application may be considered by the Commission without hearing after 30 days, following the posting of the notice of the proposed change, provided no protest is filed with the Commission within such 30-day period. Each protest shall set forth the reasons, which in the judgment of the protestant, show that the Commission should not approve such application. A copy of the protest shall be served on the applicant at the time the protest is filed with the Commission.
Source The provisions of this § 33.111 were formerly designated Rule 4 by the Commission.
§ 33.112. Transportation of blind persons with guide dogs.
Each carrier shall transport dogs which have been trained for the purpose of guiding blind persons, and are accompanying such persons who have paid the regular fare for transportation, provided the guide dog is properly leashed and muzzled and does not occupy a seat in the conveyance.
Source The provisions of this § 33.112 were formerly designated Rule 5 by the Commission.
§ 33.113. [Reserved].
Source The provisions of this § 33.113 were formerly designated Rule 23 by the Commission; reserved May 24, 2013, effective May 25, 2013, 43 Pa.B. 2820. Immediately preceding text appears at serial page (239189).
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