Session of 1998
SENATE BILL No. 526
By Senator Steineger
1-28
9
AN ACT concerning railroads; relating to the
sounding of whistles;
10 amending K.S.A.
66-2,120 and repealing the existing section.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. K.S.A.
66-2,120 is hereby amended to read as follows: 66-
14 2,120. (a) An air whistle shall be
attached to each locomotive engine, and
15 shall be sounded four (4)
times (two long, one short and one long blast)
16 beginning at least eighty
(80) 80 rods from the place where the railroad
17 shall cross any public road or street and
to be prolonged or repeated until
18 the crossing is occupied by the engine or
car, except in cities and villages,
19 under a penalty of not more than
twenty dollars ($20) $20 for
every each
20 neglect of the provisions of this section,
to be paid by the corporation
21 owning the railway on the suit of the
county attorney, one-half thereof 1/2
22 to go to the informer, and the other
half 1/2 to the county treasurer;
and.
23 The corporation shall also be liable for
all damages which shall be sus-
24 tained by any person by reason of such
neglect: Provided,
however, That.
25 Such penalty shall be sued for within one
(1) month from the time the
26 cause of action accrues, and not
thereafter: And provided further,
That
27 but. Only
one penalty shall be recovered in any one action.
28 (b) Locomotive air
whistles shall not be sounded as provided in sub-
29 section (a), in an urban area unless
necessitated by imminent danger.
30 (c) Any locomotive
air whistle which is sounded shall not produce a
31 sound in excess of 106 decibels.
32 (d) For the purpose
of this section ``urban area'' means any city or
33 contiguous cities having a total
population of 50,000 persons.
34 Sec. 2. K.S.A.
66-2,120 is hereby repealed.
35 Sec. 3. This act
shall take effect and be in force from and after its
36 publication in the statute book.
37