CHAPTER 124

AN ACT TO AMEND TITLE 17, DELAWARE CODE ENTITLED HIGHWAYS RELATING TO LOCOMOTIVE ENGINES SOUNDING WHISTLES AT PUBLIC HIGHWAY CROSSINGS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 705, Title 17, Delaware Code is hereby amended by repealing said § 705 and enacting and inserting in lieu thereof a new § 705 to read as follows:

§ 705. Whistles at public highway crossings; penalty jurisdiction

(a) Every corporation operating any line of railroad within this State shall cause the approach of its locomotive engine to every public highway, crossing such line of railroad at grade, to be signaled by sounding two long blasts followed by one short blast followed by one long blast of the engine whistle on every such locomotive engine, beginning at least 300 yards from such crossing. Where two or more public highways cross any such railroad within a distance of 400 yards, the signal for the crossing first reached shall answer for all. The provisions of this section shall not apply to the City of Wilmington, nor to any other crossings than those at grade, nor to any such as are guarded by a watchman, or protected by safety gates.

(b) If any corporation neglects or omits the performance of the duty prescribed and imposed by subsection (a) of this section, it shall be fined for the first offense $20, for the second offense $40, and for every subsequent offense not more than $100.

(c) Justices of the peace shall have jurisdiction of offenses under this section. There shall be a right of appeal to the Superior Court in every case.

Approved July 1, 1959.