Ohio § 4955.44

§ 4955.44.

(A) On and after the date of first operation of a railroad quiet zone established pursuant

to section 4955.42 of the Revised Code , divisions (B)(1) and (2) of section 4955.32 of the Revised Code do not apply with

respect to the zone. (B) The establishment of a railroad quiet zone pursuant to sections 4955.41 to 4955.47 of the Revised Code does not preclude the sounding of a locomotive whistle, horn, bell, or other audible

device by an engineer or other person in charge of the locomotive to address a perceived

potential for injury, death, or loss to person or property, as determined by the sole

judgment of the engineer or other person. (C) The commission may suspend summarily the operation of a quiet zone established pursuant

to section 4955.42 of the Revised Code if the commission, through any source, obtains sufficient, credible evidence showing

that a condition at a public grade crossing located within a quiet zone has changed

to such an extent that, even with the continuing existence of the supplemental safety

measures at the crossing, the quiet zone no longer qualifies as such under federal

law or the commission determines that public safety is otherwise compromised at the

crossing.  Within fifteen days following the quiet zone suspension date described in this division,

the commission shall hold a hearing in the general vicinity of the quiet zone in question

to determine whether the quiet zone suspension should be lifted or continued, or whether

commission approval of the quiet zone should be rescinded and the quiet zone eliminated.