§ 97-a. Rules and instructions for flag protection for stopped
railroad trains. 1. Every railroad company shall, within thirty days
enactment hereof, promulgate appropriate operating rules and special
instructions for employees in conformity with the following:

(a) When a train stops under circumstances in which it may be
overtaken by another train, a member of the crew must provide flagging
protection, that is, go back immediately with a red flag, torpedoes and
fusees by day and with a red and/or white light, torpedoes and fusees by
night, a sufficient distance to insure full protection, placing two
torpedoes on the rail and when necessary, in addition, display lighted
fusees.

(b) When recalled and safety to the train will permit, he may return.

(c) When conditions require, he will leave the torpedoes and a lighted
fusee.

(d) The front of the train must be protected in the same way, when
necessary, by a member of the crew.

(e) When a train is moving under circumstances in which it may be
overtaken by another train, a member of the crew must take such action
as may be necessary to insure full protection. By night (or by day, when
the view is obscured) lighted fusees must be dropped off the moving
train or displayed at proper intervals.

(f) When day signals cannot be plainly seen, owing to weather or other
conditions, night signals must also be used.

(g) Conductors and enginemen are responsible for the protection of
their trains.

(h) When a pusher engine is assisting a train, coupled behind the
cabin or caboose car, and the member of the crew who protects the
rear-end of the train is riding in the cabin or caboose car, the
requirements as to the fusees will be met by dropping them off between
the cabin or caboose car and pusher engine on the track the train is
using, and not between that track and an adjacent track. Provided,
however, that unless specific circumstances indicate to the contrary, it
will be presumed that trains stopping under the following circumstances
will not be overtaken by another train:

(i) Passenger trains making normal station stops.

(ii) All trains stopping in manual block territory protected by
absolute block.

(iii) All trains stopping so as to be completely within the limits of
classication or storage yards at the usual place to change crews or
remove power.

2. Nothing in this section shall be deemed to require the employment
of additional employees or restrict the use of crew members in any
manner.

3. The commissioner shall have full authority to enforce the
provisions of this section.