Pennsylvania Act 2004-74 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - RAILROAD PROTECTION, RAILROAD VANDALISM, INTERFERENCE WITH TRANSPORTATION FACILITIES AND RAILROAD CIVIL IMMUNITY

Act text

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - RAILROAD
     PROTECTION, RAILROAD VANDALISM, INTERFERENCE WITH TRANSPORTATION
                  FACILITIES AND RAILROAD CIVIL IMMUNITY
                  Act of Jul. 15, 2004, P.L. 691, No. 74              Cl. 18
                             Session of 2004
                               No. 2004-74

     HB 1117

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, providing for railroad protection, railroad
        vandalism and interference with transportation facilities and
        for penalties; and providing for railroad civil immunity.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 18 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 3504.  Railroad protection, railroad vandalism and
                interference with transportation facilities.
        (a)  Damage to railroad or delay of railroad operations.--
            (1)  A person commits an offense if, without lawful
        authority or the railroad carrier's consent, he causes damage
        to property that he knows or reasonably should have known to
        be railroad property, including the railroad right-of-way or
        yard, or causes a delay in railroad operations by an act
        including, but not limited to:
                (i)  Knowingly, purposefully or recklessly
            disrupting, delaying or preventing the operation of any
            train, jitney, trolley or any other facility of
            transportation.
                (ii)  Driving or operating a recreational vehicle or
            nonrecreational vehicle, including, but not limited to, a
            bicycle, motorcycle, snowmobile, all-terrain vehicle, car
            or truck.
                (iii)  Knowingly, purposefully or recklessly damaging
            railroad property, railroad infrastructure or railroad
            equipment or using railroad property to access adjoining
            property to commit acts of vandalism, theft or other
            criminal acts.
            (2)  An offense under this subsection constitutes a
        misdemeanor of the third degree.
        (b)  Stowaways prohibited.--
            (1)  A person commits an offense if, without lawful
        authority or the railroad carrier's consent, he rides on the
        outside of a train or inside a passenger car, locomotive or
        freight car, including a box car, flatbed or container.
            (2)  An offense under this subsection constitutes a
        misdemeanor of the third degree.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Railroad."  Any form of nonhighway ground transportation
     that runs on rails or electromagnetic guideways, including, but
     not limited to:
            (1)  Commuter or other short-haul railroad passenger
        service in a metropolitan or suburban area.
            (2)  High-speed ground transportation systems that
        connect metropolitan areas, but not rapid transit operations
        in an urban area that are not connected to the general
        railroad system of transportation.
        "Railroad carrier."  A person, including, but not limited to,
     an owner or operator, providing railroad transportation.
        "Railroad carrier's consent."  Written or other affirmative
     communication of permission to be on railroad property. Consent
     shall not be implied.
        "Railroad property."  All tangible property owned, leased or
     operated by a railroad carrier, including a right-of-way, track,
     bridge, yard, shop, station, tunnel, viaduct, trestle, depot,
     warehouse, terminal or any other structure, appurtenance or
     equipment owned, leased or used in the operation of any railroad
     carrier, including a train, locomotive, engine, railroad car,
     work equipment, rolling stock or safety device. The term does
     not include a railroad carrier's administrative building or
     offices, office equipment or intangible property such as
     computer software or other information.
        "Right-of-way."  The track or roadbed owned, leased or
     operated by a railroad carrier which is located on either side
     of its tracks and which is readily recognizable to a reasonable
     person as being railroad property or is reasonably identified as
     such by fencing or appropriate signs.
        "Yard."  A system of parallel tracks, crossovers and switches
     where railroad cars are switched and made up into trains and
     where railroad cars, locomotives and other rolling stock are
     kept when not in use or when awaiting repairs.
        Section 2.  Title 42 is amended by adding a section to read:
      § 8339.1.  Railroad civil immunity.
        (a)  General rule.--A railroad carrier owes no duty of care
     to keep its railroad property safe for entry or use by any
     trespasser who enters upon any railroad property or railroad
     right-of-way or to give any warning to such trespasser entering
     or going on that railroad property of a dangerous condition, use
     or activity thereon. Except as set forth in subsection (b), a
     railroad carrier shall not:
            (1)  Be presumed to extend any assurance to a trespasser
        entering or going on railroad property without the railroad
        carrier's consent that the railroad property is safe for any
        purpose.
            (2)  Incur any duty of care toward a trespasser entering
        or going on railroad property without the railroad carrier's
        consent.
            (3)  Become liable for any injury to a trespasser
        entering or going on railroad property without the railroad
        carrier's consent caused by an act or omission of such
        trespasser.
        (b)  Limitation.--Nothing in this section limits in any way
     any liability which otherwise exists for willful or wanton
     failure to guard or warn against a dangerous condition, use or
     activity.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Trespasser."  A person who enters onto railroad property
     without any right, lawful authority or the express consent of
     the railroad.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 15th day of July, A. D. 2004.

     EDWARD G. RENDELL