Article 8. Crimes of California Public Utilities Code >> Division 4. >> Chapter 1. >> Article 8.
Every person who, in making up or running any railroad train,
places or runs, or causes to be placed or run, any freight car in
the rear of passenger cars, is guilty of a misdemeanor, and if loss
of life or limb results from such placing or running, is guilty of a
felony. This section shall not apply where railroad trains are
carrying only personnel and equipment in connection with military or
naval movements. "Freight car," as used in this section, does not
include a baggage, express, or mail car.
This section shall become operative on January 1, 1976.
No person, firm, or corporation operating a railroad with
more than four trains each way every 24 hours shall require or permit
any engineer, fireman, conductor, brakeman, or trainman to receive,
deliver, or transmit at any receiving or forwarding instrument of any
telegraph or telephone line, any order for the movement of any
train, except in such cases or classes of cases as are permitted by
the commission. This section does not apply to interurban or street
railroads. Any person, firm, or corporation violating this section is
guilty of a misdemeanor.
Radio or other means of communication not hereinabove
referred to in Section 7677 may be used for the purpose of
transmitting orders for the movement of trains, subject to such rules
or regulations as the commission may promulgate for insuring the
safety of railroad operations.
Except as provided in paragraphs (1) to (3), inclusive, of
subdivision (a) of Section 7604, every person in charge of a
locomotive engine who, before crossing any traveled public way, omits
to cause a bell to ring or steam whistle, air siren, or air whistle
to sound at the distance of at least 1,320 feet from the crossing,
and until the lead locomotive has passed through the crossing, is
guilty of a misdemeanor.
Any person employed upon any railroad as engineer, conductor,
baggage-master, brakeman, switchman, fireman, bridge-tender,
flagman, or signalman, or having charge of the regulation or running
of trains upon any railroad, in any manner whatever, who either
becomes or is intoxicated or who is impaired due to the unlawful use
of a controlled substance while engaged in the discharge of his
duties, is guilty of a misdemeanor. If any person so employed does
any act or neglects any duty, by reason of such intoxication or
illegal drug use, which act or neglect causes the death of, or bodily
injury to, any person or persons, that person so employed is guilty
of a felony.
Every conductor, engineer, brakeman, switchman, or other
person having charge, wholly or in part, of any railroad, car,
locomotive, or train, who willfully or negligently suffers or causes
it to collide with another car, locomotive, or train, or with any
other object or thing whereby the death of a human being is produced,
is punishable by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for two, three or four years.
Every engineer, conductor, brakeman, switch-tender, or other
officer, agent, or servant of any railroad company, who is guilty of
any wilful violation or omission of his duty as such officer, agent,
or servant, whereby human life or safety is endangered, the
punishment of which is not otherwise prescribed, is guilty of a