[First Reprint]

ASSEMBLY, No. 1788

STATE OF NEW JERSEY

INTRODUCED MARCH 25, 1996

By Assemblyman AUGUSTINE

An Act concerning railroads and amending R.S.48:12-152 ¹and P.L.1979, c.150 ¹.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. R.S.48:12-152 is amended to read as follows:

    48:12-152. It shall not be lawful for any person other than those connected with or employed upon the railroad to walk along the tracks of any railroad except when the same shall be laid upon a public highway.

    Any person injured ¹[by an engine or car]¹ while ¹unlawfully climbing,¹ walking, standing¹ lying¹ or playing on a railroad¹, railroad car or engine,¹ or by jumping on or off a car ¹, engine, work or utility vehicle¹ while ¹ stationary or¹ in motion [shall be deemed to have contributed to the injury sustained and] shall not recover therefor any damages from the company owning or operating the railroad ¹or from any employee of the railroad¹. This section shall apply notwithstanding the provisions of P.L.1973, c.146 (C.2A:15-5.1 et seq.), but shall not apply to the crossing of a railroad by a person at any lawful public or private crossing.

(cf: R.S.48:12-152) highway.

    ¹2. Section 8 of P.L.1979, c.150 (C.27:25-8) is amended to read as follows:

    8. a. The corporation or any subsidiary thereof shall not be considered a public utility as defined in R.S.48:2-13 and except with regard to subsection c. of this section, subsection b. of R.S.48:3-38 [and] , section 2 of P.L.1989, c.291 (C.27:25-15.1) and R.S.48:12-152 the provisions of Title 48 of the Revised Statutes shall not apply to the corporation or any subsidiary thereof.

    b. The authority hereby given the corporation pursuant to section 6 of this act with respect to fares and service, shall be exercised without regard or reference to the jurisdiction vested in the Department of Transportation by R.S.48:2-21, 48:2-24 and 48:4-3. The Department of Transportation shall resume jurisdiction over service and fares upon the termination and discontinuance of a contractual relationship between the corporation and a private or public entity relating to the provision of public transportation services operated under the authority of certificates of public convenience and necessity previously issued by the department or its predecessors; provided, however, that no private entity shall be required to restore any service discontinued or any fare changed during the existence of a contractual relationship with the corporation, unless the Department of Transportation shall determine, after notice and hearing, that the service or fare is required by public convenience and necessity.

    c. Notwithstanding any other provisions of this act, all vehicles used by any public or private entity pursuant to contract authorized by this act, and all vehicles operated by the corporation directly, shall be subject to the jurisdiction of the Department of Transportation with respect to maintenance, specifications and safety to the same extent such jurisdiction is conferred upon the department by Title 48 of the Revised Statutes.

    d. Before implementing any fare increase for any motorbus regular route or rail passenger services, or the substantial curtailment or abandonment of any such services, the corporation shall hold a public hearing in the area affected during evening hours. Notice of such hearing shall be given by the corporation at least 15 days prior to such hearing to the governing body of each county whose residents will be affected and to the clerk of each municipality in the county or counties whose residents will be affected; such notice shall also be posted at least 15 days prior to such hearing in prominent places on the railroad cars and buses serving the routes to be affected.¹

(cf: P.L.1989, c.291, s.3)

    ¹[2.] 3.¹ This act shall take effect immediately and shall apply to ¹[any action for damages initiated] causes of action which accrue¹ on or after the effective date of this act.

Provides that railroad immunity act controls in actions concerning railroad-related injuries sustained by trespassers.