Section 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.