AB 614

Under current law, most of this state's regulatory authority over railroads

resides with the Office of Commissioner of Railroads (OCR), which is generally

charged with receiving complaints, conducting hearings, and entering orders related

to railroad operations and safety.

Under current law, unless an exception applies, no building or loading platform

may be constructed or reconstructed that has a horizontal clearance of less than 8.5

feet between it and the center line of a railroad track. The same horizontal clearance

is also required with respect to any material used in and about the construction of

a building or loading platform. Certain exceptions apply to platforms at passenger

stations used for loading and unloading passengers, baggage, and mail and

platforms for handling baggage, mail, and freight to and from cars on other than

main tracks. Subject to specified exceptions, a railroad or shipper may not do any

of the following: 1) place or construct, within 8.5 feet of the center line of any railroad

track, any retaining walls, fences, signs, conveyors, or similar obstructions; or 2)

permit, within 8.5 feet of the center line of any railroad track, the accumulation of

waste or other material. However, OCR may exempt structures or materials from

these horizontal clearance requirements if OCR finds that doing so will not imperil

life or limb and that the public interest requires or permits the exemption from these

requirements. Any railroad or shipper that violates these horizontal clearance

requirements, or that fails, neglects, or refuses to obey a lawful order of OCR, must

forfeit not less than $100 nor more than $200.

Current law also prohibits the construction or reconstruction, after December

31, 1993, of any overhead structure that has a vertical clearance of less than 23 feet

above the top of the rail of a railroad track. However, OCR may exempt an overhead

structure from this minimum vertical clearance requirement if OCR finds that the

structure will not imperil life or limb and that the public interest requires or permits

the structure to be exempted from the vertical clearance requirement. Telltales

(arrangements of long strips of rope, wire, or other material hanging from a bar over

railroad tracks to warn of an upcoming low overhead structure) are generally not

required above railroad tracks unless required under federal law or unless OCR

orders installation of a telltale after finding that the absence of a telltale would create

an unreasonable risk of harm to the public or a railroad employee on a railroad not

under the jurisdiction of the Federal Railroad Administration. An employee of a

railroad who is injured by or because of the existence of a bridge or other structure

over railroad tracks at a height less than 23 feet, which has not been protected by

telltales, is not be considered to have assumed the risk of the injury.

Also under current law, whenever a complaint is made with OCR that a railroad

bridge lacks walks or railings and is therefore dangerous to railroad employees and

the safety of these employees requires alteration of the bridge to provide for walks

and railings, or OCR determines that the safety of railroad employees requires the