Ohio Revised Code

Ohio Rev. Code § 4955.32 (2026)

Use of horn or alternative audible warning at highway or crossing

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Effective:

September 29, 2013

Latest Legislation:

House Bill 59 - 130th General Assembly

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(A) As used in this section, "lite locomotive consist" means a consist of locomotives not attached to any piece of equipment or attached only to a caboose.

(B) When the locomotive in the lead of a train, when a lite locomotive consist, or when an individual locomotive is approaching a public highway or a grade crossing, either of the following shall occur:

(1) The engineer or person in charge of the locomotive shall sound the locomotive horn in accordance with 49 C.F.R. part 222;

(2) An alternative audible warning system approved by the public utilities commission under section 4955.321 of the Revised Code shall be activated in accordance with guidelines established by the commission.

(C) The establishment of an alternative audible warning system does not preclude the sounding of a locomotive horn by an engineer or other person in charge of a locomotive in an emergency situation, as determined by the sole judgment of the engineer or other person.

Notes of Decisions

Cited in 10 cases, 1957–2006 · leading case: Petre v. Norfolk S. Ry. Co., 458 F. Supp. 2d 518 (N.D. Ohio 2006).

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Petre v. Norfolk S. Ry. Co., 458 F. Supp. 2d 518 (N.D. Ohio 2006). · cites it 14× “Failure to Properly Activate the Locomotive Whistle Plaintiff alleges Norfolk Southern is negligent per se 12 based on violations of R.C. § 4955.32 and R.C. § 4999.04 which set forth the audible warning requirements for locomotives approaching a crossing.”

Sheets v. Norfolk S. Corp., 671 N.E.2d 1364 (Ohio Ct. App. 3d Dist. 1996). “In addressing the duty of a train to sound its horn and whistle, R.C. 4955.32 provides: “Every company shall attach to each locomotive engine passing upon its railroad a bell of the ordinary size in use on such engines and a steam or compressed air whistle.”

Wooten v. CSX R.R., 842 N.E.2d 603 (Ohio Ct. App. 2d Dist. 2005). “R.C. 4955.32. Railroads are also required to erect crossbuck signing ‘in accordance with the department of transportation manual for uniform traffic control devices’ and a three-panel sign bearing the word ‘yield’ on the middle panel at all grade crossings.”

Gigliotti v. New York, 157 N.E.2d 447 (Ohio Ct. App. 1958). · cites it 2× “This allegation is predicated upon Section 4955.32, Bevised Code, which is, in part, as follows: “Every company shall attach to each locomotive engine passing upon its railroad a bell of the ordinary size in use on such engines and a steam or compressed air whistle.”

Lintner v. Norfolk & W. Ry. Co., 694 N.E.2d 140 (Ohio Ct. App. 12th Dist. 1997). “R.C. 4955.32. Railroads are also required to erect crossbuck signing “in accordance with the department of transportation manual for uniform traffic control devices” and a three-panel sign bearing the word “yield” on the middle panel at all grade crossings.”

Glinsey v. Baltimore & Ohio R.R. Co., 356 F. Supp. 984 (N.D. Ohio 1973). · cites it 14× “This cause presents a question of law which must be determined prior to trial: Whether the absence of statutory railroad signals imposes strict liability upon the defendant railroad for the loss proximately caused by violation of ORC §§ 4955.32 and 4955.34, so that contributory…”

Easterwood v. New York, 162 N.E.2d 487 (Ohio Ct. App. 1958). · cites it 4× “Second: Failure to give a signal by bell, whistle or otherwise, as required by Section 4955.32, Revised Code. Third: Failure to maintain a sign or signal on the south side of the crossing as required by Section 4955.”

Diebley v. New York, 162 N.E.2d 142 (Ohio Ct. App. 1959). · cites it 2× “Section 4955.32, Revised Code. In determining whether a railroad was guilty of negligence per se by failing to perform these statutory duties, the question for the court, and in a proper case for the jury, to determine is not whether the driver, the plaintiff passenger in the…”

Hall v. New York Cent. R.R., 170 N.E.2d 765 (Ohio Ct. App. 1960). “Sections 4955.32 and 4999.04, Revised Code.”

Hood v. New York, Chicago & St. Louis Rd. Co., 166 Ohio St. (N.S.) 529 (Ohio 1957). · cites it 2× “The driver testified that he stopped about 20 feet from the tracks and looked and listened for a train, and that he did not hear any bell or any whistle (see Section 4955.32, Eevised Code) or the noise of a train and did not see any light (see Section 4963.”

Ohio Rev. Code § 4955.32(B)(1): 1 case

Petre v. Norfolk S. Ry. Co., 458 F. Supp. 2d 518 (N.D. Ohio 2006). “Failure to Properly Activate the Locomotive Whistle Plaintiff alleges Norfolk Southern is negligent per se 12 based on violations of R.C. § 4955.32 and R.C. § 4999.04 which set forth the audible warning requirements for locomotives approaching a crossing.”

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