[Congressional Record Volume 145, Number 65 (Thursday, May 6, 1999)]
[Senate]
[Page S4907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JOHNSON (for himself and Mr. Daschle):
  S. 983. A bill to require the Secretary of Transportation to issue 
regulations to provide for improvements in the conspicuity of rail cars 
of rail carriers; to the Committee on Commerce, Science, and 
Transportation.


                      railroad car visibility act

  Mr. JOHNSON. Mr. President, I rise today to introduce the Railroad 
Car Visibility Act, which would require all railroad cars--including 
those on passenger an commuter trains--to have some form of reflective 
marker.
  This legislation provides a simply way to improve rail car visibility 
at rail crossings and sidings, sites where many accidents have occurred 
in recent years. When crossings and sidings are in rural areas or near 
small towns--as is often the case in South Dakota--they usually are 
unlit or very poorly lit, increasing the potential for disaster. While 
locomotives are required to use lighting such as ditch lights to 
increase visibility, rail cars are often unmarked, which means they are 
difficult for automobile drivers to see. This legislation attempts to 
remedy this problem by requiring that all rail cars display some form 
of visible marker, such as reflectors of reflective tape.
  Last year, the Department of Transportation (DOT) issued a memorandum 
on reflective markings and their effectiveness for increasing 
visibility. DOT tested several different types of reflectors, including 
different colors and patterns, The memorandum concludes that ``bright 
color patterns distributed to give an indication of the size or shape 
of the rail car make the most effective marking systems.'' Fitting rail 
cars with reflective materials would be relatively inexpensive but, by 
increasing visibility, would reduce the number of accidents, 
unnecessary injuries and deaths at rail crossings and sidings. As one 
railroad executive has said, ``It's sort of a tragedy that something 
that makes so much common sense has to be legislated. Everyone should 
do it. The railroad industry is its own worst enemy sometimes.
  This legislation has the support of both South Dakota's legislature 
and Governor Janklow. I urge my colleagues to support this legislation 
and work with me to secure its passage.
  Mr. President, I ask unanimous consent to have the bill printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 983

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. IMPROVED CONSPICUITY OF RAIL CARS.

       (a) In General.--Section 20132 of title 49, United States 
     Code, is amended--
       (1) by striking the heading and inserting the following:

     ``Sec. 20132. Visible markers for train cars'';

     and
       (2) by adding at the end the following:
       ``(c) Improved Conspicuity.--Not later than 180 days after 
     the date of enactment of this subsection, the Secretary of 
     Transportation shall--
       ``(1) develop and implement a plan to ensure that the 
     requirements of this section are met; and
       ``(2) issue regulations that require that, not later than 2 
     years after the date of issuance of the regulations, all cars 
     of freight, passenger, or commuter trains be equipped, and, 
     if necessary, retrofitted, with at least 1 highly visible 
     marker (including reflective tape or appropriate 
     lighting).''.
       (b) Conforming Amendment.--The analysis for chapter 201 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 20132 and inserting the following:

``20132. Visible markers for train cars.''.
                                 ______