17-229 C.M.R. ch. 502
17 DEPARTMENT OF TRANSPORTATION
229 OFFICE OF COMMISSIONER
Chapter 502: RULES AND REGULATIONS GOVERNING THE ILLUMINATION OF SWITCHING LEADS IN RAILROAD YARDS.
SUMMARY: The following rules and regulations govern the adequate and reasonable illumination of switch leads in railroad yards where frequent switching service is normally performed during the hours of darkness.
502.01 DEFINITIONS
Except as otherwise ordered in specific instances, the following words, terms and phrases shall have the meaning as herein defined.
A. Yards. The term "yards" shall mean a system of tracks within defined limits which are provided and used for the classification of railroad freight cars.
B. Switching Leads. The term "switching leads" is defined as those leads coming off a ladder truck connecting successively to the body of tracks of a yard and used for the classification of railroad cars.
C. Frequent switching service normally performed. "Frequent switching service" shall mean either continuous or intermittent switching service operated daily during five out of seven days by a locomotive directed by a train or yard switching crew working in a railroad yard on a specific ladder for at least four hours during the period of darkness.
D. Hours of Darkness. The "hours of darkness" are hereby defined to be the period between one-half hour after sunset to one-half hour before sunrise.
E. Adequate and Reasonable Illumination. Illumination will be considered reasonable and adequate when a minimum light level of two-tenths (0.2) foot-candles can be measured at a level coinciding with the top of the rail extending from the switch points to the fouling point of the switch when the track to be illuminated is unoccupied during the hours of darkness under normal conditions except that such minimum illumination will not be required in abnormal conditions which are beyond the control of the railroad.
F. "Department" shall mean the Maine Department of Transportation.
502.02 INSPECTION AND COMPLIANCE
Common carriers by railroad subject to the foregoing rules and regulations shall notify the Department at the earliest possible date of the yards at which adequate illumination in accordance with the said rules is required, together with schematic drawings or other equally acceptable plans of the tracks, including switch leads, area to be illuminated and the placement of such illuminating fixtures as may be required to comply with these rules and regulations. Upon the receipt of such advice the Department will inspect such facilities for the purpose of determining whether minimum illumination levels have been provided at the required locations.
The Department shall have the right to order the placement of illuminating fixtures in yards at or near the site of switching leads which are particularly hazardous and which do not meet all of the conditions whereby illumination would otherwise be required under these rules. Parties in interest may petition the Department for an opportunity to be heard on matters provided for under this rule. Upon receipt of the petition, the Department will determine whether sufficient grounds exist to warrant a public hearing thereon.
BASIS STATEMENT: The Commissioner of Transportation is authorized by 23 M.R.S.A. §7308 sub-§13 to adopt rules and regulations for illuminated switching leads in order to provide maximum safety to train and yard service employees who are required to work on or about moving railroad freight equipment during the hours of darkness.
*HISTORICAL DERIVATION: PUC General Order #23, September 3, 1965; DOT rule adopted May 15, 1979 repealed and replaced by the above rule.
STATUTORY AUTHORITY: 23 M.R.S.A. §7308 sub-§13
EFFECTIVE: December 18, 1979
AMENDED: May 16, 1979 March 20, 1982
EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
NON-SUBSTANTIVE CORRECTIONS: June 29, 1998 - statutory references, formatting.