Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter C - CLEARANCES › Section 33.129 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
The provisions of this section apply to
					 violations of the Commission's regulations or orders or other law of the
					 Commonwealth which is enforceable by the Commission. It shall not apply to the
					 exercise of authority which a Federal agency has delegated to state enforcement
					 personnel under section 206 of the Federal Railroad Safety Act of 1970
					 (45 U.S.C.A. §
												435) or to other regulation or requirement
					 preempted by Federal law.
(b)
Issuance of emergency order.
When a qualified safety
					 inspector determines through testing, inspection, investigation or research
					 that a locomotive, car, other facility or equipment of a railroad is so
					 imminently hazardous as to present a dangerous or potentially dangerous
					 condition likely to result in injuries to any persons or in damage to property
					 or in breakdown by reason of the fact that the equipment, track, locomotive,
					 rolling stock or other facility being in violation of a law, regulation or
					 order which the Commission is legally authorized to enforce, such inspector
					 shall declare such locomotive, car or other facility "OUT OF
					 SERVICE."
(c)
Action by
					 inspector.
When an inspector declares a locomotive, car or other
					 facility "OUT OF SERVICE," he shall affix thereto in a prominent place an "OUT
					 OF SERVICE NOTICE" on Form PUC-BT-6. Such affixing of "OUT OF SERVICE NOTICE"
					 shall constitute legal notice that the locomotive, car or other facility shall
					 not be used or operated except as provided under Part IV regulations until all
					 defects noted thereon shall be repaired. Such form shall not be removed by
					 anyone until the defects noted by the inspector have been corrected by the
					 railroad company, and the locomotive, car or other facility is placed in full
					 compliance. In the case of a track or other facility for which it is not
					 practical to affix an "OUT OF SERVICE" notice, the qualified inspector shall
					 furnish immediate telephone or telegraphic notification to the owner of the
					 track (in lieu of the affixing an "OUT OF SERVICE NOTICE"), describing the
					 conditions, specific locations and defect. When an "OUT OF SERVICE NOTICE" has
					 been affixed, the qualified inspector shall furnish Form PUC-BT-5 in duplicate
					 by the most expeditious manner to the railroad immediately responsible for the
					 operation of the defective locomotive, car or track. Such Form PUC-BT-5 shall
					 indicate thereon the nature of the defects involved which caused the equipment
					 or other facility to be placed "OUT OF SERVICE". In addition the inspector
					 shall immediately forward a copy of the Form PUC-BT-5 to the Secretary of the
					 Commission, with a copy thereof to be retained by the qualified
					 inspector.
(d)
Reduction in
					 maximum speed of track.
When a qualified Commission inspector
					 determines the existence of a hazardous local track condition, the inspector
					 shall furnish immediate telephone or telegraphic notification to the owner of
					 the track that movements within defined limits of the track must be made at a
					 reduced maximum speed, which shall be that speed applicable to the highest FRA
					 class designation which the inspector determines is appropriate. Within 48
					 hours of the telephone or telegraphic notification, the qualified inspector
					 shall furnish Form PUC-BT-5 in duplicate to the owner of the track or to the
					 owner's agent immediately responsible for the affected track. PUB-BT-5 shall
					 indicate thereon the full particulars of the conditions and the violations
					 which create local safety hazards. Such conditions or violations shall be fully
					 repaired or otherwise brought into compliance with the highest FRA class
					 designation applicable to the speed at which trains will operate on the track
					 in question.
(e)
Action by
					 a railroad.
When any locomotive, car or facility of a railroad has
					 been declared "OUT OF SERVICE," it shall be removed from service until the
					 defect or defects are corrected. In the case of track being reduced in class,
					 the railroad shall take the steps necessary to insure compliance with the
					 findings of the Inspector. For the purpose of making necessary corrections,
					 defective locomotive units, freight cars, cabin cars and passenger carrying
					 cars may be moved to the nearest available point where the unit can be
					 repaired, provided that other similar units in suitable operation condition are
					 also a part of the consist. When the defects noted on Form PUC-BT-5 have been
					 corrected, the railroad shall complete the "Carrier Certification" portion of
					 Form PUC-BT-5 and forward the entire form to the Secretary of the Commission at
					 the address shown thereon.
(f)
Review.
Review shall be in accordance with the following:
(1) Upon issuance of Form PUC-BT-5, the
					 railroad involved may request a reinspection. The Chief Engineer or an engineer
					 designated by the Commission shall arrange for an immediate reinspection by a
					 second qualified Commission inspector. If, on reinspection, the decision of the
					 original inspector is sustained or modified by the Chief Engineer or an
					 engineer designated by the Commission, the Chief Engineer or an engineer
					 designated by the Commission shall notify in writing the railroad that the
					 original finding is affirmed or modified. If, however, the decision of the
					 original inspector is not sustained, the inspector shall immediately remove the
					 "OUT OF SERVICE NOTICE," and enter an appropriate notation on the related Form
					 PUC-BT-6; and the restrictions of the Notice shall then cease to be
					 effective.
(2) In the event the
					 Chief Engineer or an engineer designated by the Commission, on the basis of the
					 reinspection, affirms or modifies the original finding, a railroad may then
					 request complete review within 30 days of the affirmation or modification, by
					 the Commission, which may, after affording an opportunity for hearing, at which
					 the inspectors shall be present, and at which other interested parties may
					 testify, affirm, set aside, or modify in whole or in part, the actions taken.
					 Requests for review by the Commission shall recite the facts relevant to the
					 issuance and review of the "OUT OF SERVICE NOTICE." Actions on such reviews
					 will be scheduled on an expedited basis in relation to other Commission
					 business.
(3) The requirements of
					 an "OUT OF SERVICE NOTICE" shall be effective pending action by the
					 Commission.
(4) Requests for
					 extension of time for compliance based on good cause will be decided by the
					 Commission upon petition of the common carrier.