ASSEMBLY TRANSPORTATION AND COMMUNICATIONS COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1788

STATE OF NEW JERSEY

DATED: JUNE 9, 1997

      The Assembly Transportation and Communications Committee reports favorably an Assembly Committee Substitute for Assembly Bill No. 1788.

      This substitute bill would amend R.S.48:12-152 to clarify the law concerning prohibited behavior with regard to railroad property and the ability to recover for injuries sustained as a result of that behavior. It is the sponsor's intent that the provisions of this bill affect recovery when a person engages in prohibited behavior and not when a person is injured only because of a railroad's negligent or reckless action.

      The substitute bill provides that no person other than one connected with or employed upon the railroad acting within the scope of their employment may enter upon the right of way of any railroad or to come in contact with any equipment, machinery, wires or rolling stock of any railroad. However, these provisions would not prohibit a passenger for hire from utilizing those parts of the railroad particularly intended for passenger use nor shall it prohibit a person from using a crossing established by the railroad.

      The substitute bill also provides that a person shall not recover for injuries sustained while coming into contact with any real property, equipment, machinery, wires or rolling stock of any railroad while that person was:

      (1) under the influence of alcohol as evidenced by a blood alcohol concentration of 0.10% or higher by weight of alcohol in the person's blood; or

      (2) under the influence of drugs, other than drugs medically prescribed for use by that person and used in the manner prescribed; or

      (3) engaging in conduct intended to result in personal bodily injury or death; or

      (4) engaging in conduct proscribed by subsection a. of section 1 of this bill; or

      (5) using the property of any railroad in a manner in which it was not intended to be used or in violation of posted regulations.

      The substitute bill also establishes a rebuttable presumption that any person injured while attempting to board or disembark from a moving train used the property in a manner in which it was not intended to be used.

      The substitute bill provides that its provisions shall apply notwithstanding the provisions of P.L.1973, c.146 (C.2A:15-5.1 et seq.), the comparative negligence act.

      The substitute bill does not preclude recovery for injury or death of a person who was, at the time of the injury, less than 18 years of age.