H.F. 2263 Section 1. Section 321.341, Code 2011, is amended by 1 striking the section and inserting in lieu thereof the 2 following: 3 321.341 Highway-rail grade crossing violations. 4 1. Short title. This section shall be known and may be 5 cited as the “Highway-Rail Grade Crossing Safety Act” . 6 2. Purpose. The purpose of this section is to prevent 7 collisions and casualties to motorists and their passengers at 8 public highway-rail grade crossings and to otherwise enhance 9 the safety of transportation by railroad and highway. 10 3. Definitions. For purposes of this section, unless 11 the context otherwise requires, the following terms have the 12 following meaning: 13 a. “Active warning device” means a traffic control device 14 activated by the approach of a train, such as a flashing 15 light signal, automatic gate, or similar device or a manually 16 operated device or crossing watchman, any of which displays to 17 motorists a positive warning of the approach or presence of a 18 train. 19 b. “Appropriately equipped flagger” means a person who is 20 authorized to temporarily control traffic at a highway-rail 21 grade crossing and who is equipped with a vest, shirt, or 22 jacket of a color appropriate for daytime flagging, such as 23 orange, yellow, strong yellow green, or fluorescent versions 24 of these colors or other generally accepted high visibility 25 colors. For nighttime flagging, similar outside garments 26 shall be retroreflective. Acceptable hand signal devices for 27 daytime flagging include “STOP/SLOW” paddles or red flags. For 28 nighttime flagging, a flashlight, lantern, or other lighted 29 signal shall be used. To the extent that the manual on uniform 30 traffic control devices adopted pursuant to section 321.252 31 addresses standards and guides for flaggers and flagging 32 equipment for highway traffic control, a flagger’s employer 33 should be aware of the standards and comply with them to the 34 greatest extent possible. 35 -1- LSB 5478YH (5) 84 dea/nh 1/ 9

H.F. 2263 c. “Bodily injury” means a cut, abrasion, bruise, burn, 1 or disfigurement; physical pain; illness; impairment of the 2 function of a bodily member, organ, or mental faculty; or any 3 other injury to the body, no matter how temporary. 4 d. “Highway-rail grade crossing” or “crossing” means an 5 intersection of one or more railroad tracks and a public 6 highway, road, or street, including associated sidewalks and 7 pathways, that occurs at grade level. 8 e. “Motorist” means the operator of a motor vehicle. 9 f. “Serious bodily injury” means bodily injury that involves 10 substantial risk of death, extreme physical pain, protracted 11 and obvious disfigurement, or protracted loss or impairment of 12 the function of a bodily member, organ, or mental faculty. 13 g. “Train” means one or more locomotives, or any equivalent 14 equipment including but not limited to a rail car without 15 propelling motors but equipped with one or more control stands 16 that is the controlling unit in an urban rapid transit train 17 movement, with or without rail cars or other rolling on-track 18 railroad equipment. 19 4. Approaching and stopping at highway-rail grade crossing. 20 a. Stopping on crossing prohibited. A motorist shall not 21 stop a vehicle on a highway-rail grade crossing. 22 b. Crossings governed by a stop sign. When a motorist 23 approaches a highway-rail grade crossing that has a stop sign 24 located within fifty feet of the approach side of the crossing, 25 as measured from the rail nearest to the sign, the motorist 26 shall stop at the stop sign or at its corresponding stop line, 27 stopping within fifty feet but not less than fifteen feet from 28 the nearest rail of the crossing, as measured from the rail 29 nearest to the motorist’s vehicle, and shall not proceed onto 30 or through the crossing in any one or more of the following 31 circumstances, regardless of any indication from an official 32 traffic control device to proceed: 33 (1) When an appropriately equipped flagger or a law 34 enforcement officer signals the approach of a train to the 35 -2- LSB 5478YH (5) 84 dea/nh 2/ 9

H.F. 2263 crossing. 1 (2) When an approaching train is within one thousand five 2 hundred feet of the crossing and is emitting an audible signal. 3 (3) When an approaching train is plainly visible and is in 4 hazardous proximity to the crossing. 5 (4) When there is not adequate space on the other side of 6 the crossing to accommodate the motorist’s vehicle without 7 obstructing the passage of another motor vehicle or train. 8 (5) When it is otherwise unsafe to proceed. 9 c. Crossings governed by a yield sign or crossbuck 10 sign. When a motorist is approaching a highway-rail grade 11 crossing that has a yield sign or a railroad crossbuck sign 12 located within fifty feet of the approach side of the crossing, 13 as measured from the rail nearest to the sign, the motorist 14 shall prepare to stop and yield the right-of-way to a train 15 and, in any one or more of the following circumstances, shall 16 stop at the yield sign or crossbuck sign or at a corresponding 17 yield or stop line, stopping within fifty feet but not less 18 than fifteen feet from the nearest rail of the crossing, as 19 measured from the rail nearest to the motorist’s vehicle, and 20 shall not proceed onto or through the crossing, regardless 21 of any indication from an official traffic control device to 22 proceed: 23 (1) When an appropriately equipped flagger or a law 24 enforcement officer signals the approach of a train to the 25 crossing. 26 (2) When an approaching train is within one thousand five 27 hundred feet of the crossing and is emitting an audible signal. 28 (3) When an approaching train is plainly visible and is in 29 hazardous proximity to the crossing. 30 (4) When there is not adequate space on the other side of 31 the crossing to accommodate the motorist’s vehicle without 32 obstructing the passage of another vehicle or train. 33 (5) When it is otherwise unsafe to proceed. 34 d. Crossings equipped with an active warning device. When 35 -3- LSB 5478YH (5) 84 dea/nh 3/ 9

H.F. 2263 a motorist is approaching a highway-rail grade crossing 1 equipped with an active warning device, in any one or more of 2 the following circumstances, the motorist shall stop within 3 fifty feet but not less than fifteen feet from the nearest 4 rail of the crossing, as measured from the rail nearest to the 5 motorist’s vehicle, and shall not proceed onto or through the 6 crossing, regardless of any indication from an official traffic 7 control device to proceed: 8 (1) When an audible or clearly visible active warning 9 device gives warning of the immediate approach of a train to 10 the crossing. 11 (2) When a crossing gate or barrier is closed or is 12 being opened or closed, unless directed to proceed by an 13 appropriately equipped flagger or a law enforcement officer. 14 (3) When an appropriately equipped flagger or a law 15 enforcement officer signals the approach of a train to the 16 crossing. 17 (4) When an approaching train is within one thousand five 18 hundred feet of the crossing and is emitting an audible signal. 19 (5) When an approaching train is plainly visible and is in 20 hazardous proximity to the crossing. 21 (6) When there is not adequate space on the other side of 22 the crossing to accommodate the motorist’s vehicle without 23 obstructing the passage of another vehicle or train. 24 (7) When it is otherwise unsafe to proceed. 25 5. Driving through, around, or under a crossing gate. A 26 motorist shall not drive a vehicle through, around, or under 27 a gate or barrier at a highway-rail grade crossing while the 28 gate or barrier is closed or is being opened or closed, unless 29 directed to do so by an appropriately equipped flagger or a law 30 enforcement officer. 31 6. Proceeding safely onto or through a crossing. 32 a. General. A motorist shall control the speed of a vehicle 33 and be prepared to stop when approaching a highway-rail grade 34 crossing and shall not proceed onto or through the crossing 35 -4- LSB 5478YH (5) 84 dea/nh 4/ 9

H.F. 2263 until the motorist can do so safely. 1 b. Keeping to the right. A motorist shall keep to the right 2 side of the highway when approaching within one hundred feet 3 of the nearest rail of a highway-rail grade crossing and while 4 traversing a crossing, unless the right side of the highway is 5 obstructed or impassable, or where there is a one-way traffic 6 pattern at the crossing. 7 7. Parking at a crossing. A motorist shall not park a 8 vehicle within fifty feet of the nearest rail of a crossing, 9 except when it is necessary to avoid conflict with other 10 traffic. 11 8. Penalties. 12 a. Basic penalties. 13 (1) A person who commits a violation of subsection 4 or 5 is 14 guilty of a simple misdemeanor. 15 (2) A person who commits a violation of subsection 6 or 7 16 is guilty of a simple misdemeanor punishable as a scheduled 17 violation under section 805.8A, subsection 14, paragraph “h” . 18 b. Enhanced penalties. 19 (1) Notwithstanding paragraph “a” , a person who commits a 20 violation of subsection 4, 5, 6, or 7 resulting in a collision 21 that causes bodily injury to another person is guilty of a 22 serious misdemeanor. 23 (2) Notwithstanding paragraph “a” , a person who commits a 24 violation of subsection 4, 5, 6, or 7 resulting in a collision 25 that causes serious bodily injury to or death of another person 26 is guilty of a class “D” felony. 27 9. Construction with other violations, crimes, or other 28 offenses. Nothing in this section shall be construed to 29 prohibit or limit the prosecution of a violation, crime, or 30 other offense otherwise required or permitted by law. 31 Sec. 2. Section 321.342, subsection 1, Code 2011, is amended 32 by striking the subsection. 33 Sec. 3. Section 321.344A, subsection 1, Code 2011, is 34 amended to read as follows: 35 -5- LSB 5478YH (5) 84 dea/nh 5/ 9

H.F. 2263 1. The employee of a railroad who observes a violation of 1 section 321.341 , 321.342 , 321.343 , or 321.344 may prepare a 2 written report on a form provided by the department of public 3 safety indicating that a violation has occurred. The railroad 4 employee may deliver the report not more than seventy-two hours 5 after the violation occurred to a peace officer of the state 6 or a peace officer of the county or municipality in which the 7 violation occurred. The report shall state the time and the 8 location at which the violation occurred and shall include the 9 registration plate number and a description of the vehicle 10 involved in the violation. 11 Sec. 4. Section 321.344A, subsection 2, paragraph b, Code 12 2011, is amended to read as follows: 13 b. If, from the investigation, the peace officer has 14 reasonable cause to believe that a violation occurred but is 15 unable to identify the driver, the peace officer shall serve a 16 uniform traffic citation for the violation on the owner of the 17 motor vehicle or, in the case of a commercial motor vehicle, on 18 the employer of the driver. Notwithstanding section 321.484 , 19 in a proceeding where the peace officer who conducted the 20 investigation was not able to identify the driver of the motor 21 vehicle, proof that the motor vehicle described in the uniform 22 traffic citation was used to commit the violation of section 23 321.341 , 321.342 , 321.343 , or 321.344 , together with proof 24 that the defendant named in the citation was the owner of the 25 motor vehicle or, in the case of a commercial motor vehicle, 26 the employer of the driver, at the time the violation occurred, 27 constitutes a permissible inference that the owner or employer 28 was the person who committed the violation. 29 Sec. 5. Section 321.484, subsection 3, Code 2011, is amended 30 to read as follows: 31 3. If a peace officer as defined in section 801.4 has 32 reasonable cause to believe the driver of a motor vehicle has 33 violated section 321.261 , 321.262 , 321.264 , 321.341 , 321.342 , 34 321.343 , 321.344 , or 321.372 , the officer may request any 35 -6- LSB 5478YH (5) 84 dea/nh 6/ 9

H.F. 2263 owner of the motor vehicle to supply information identifying 1 the driver. When requested, the owner of the vehicle shall 2 identify the driver to the best of the owner’s ability. 3 However, the owner of the vehicle is not required to supply 4 identification information to the officer if the owner believes 5 the information is self-incriminating. 6 Sec. 6. Section 805.8A, subsection 14, paragraph h, Code 7 Supplement 2011, is amended to read as follows: 8 h. Railroad crossing violations. 9 (1) For a violation under section 321.341, subsection 6 or 10 7, the scheduled fine is two hundred dollars. However, the 11 fine shall be three hundred dollars for a second or subsequent 12 violation under section 321.341, subsection 6 or 7, committed 13 within a period of eighteen months. 14 (2) For violations under sections 321.341 , 321.342 , 15 321.343 , and 321.344 , and 321.344B , the scheduled fine is two 16 hundred dollars. 17 Sec. 7. REPEAL. Section 321.344B, Code 2011, is repealed. 18 EXPLANATION 19 This bill replaces current Code provisions relating to 20 the requirements for motor vehicle operators approaching and 21 stopping at railroad grade crossings with the “Highway-Rail 22 Grade Crossing Safety Act”, which is proposed in model 23 legislation developed by the United States department of 24 transportation, federal railroad administration, office of 25 railroad safety, and contained in the publication, “Model 26 State Legislation on Highway-Rail Grade Crossing Violations by 27 Motorists, September 2011”. 28 The bill states that the purpose of the new provisions is to 29 prevent collisions and casualties to motorists and passengers 30 at public highway-rail grade crossings and to enhance the 31 safety of transportation by railroad and highway. 32 The bill provides definitions for key terms, including 33 “active warning device”, “appropriately equipped flagger”, 34 “bodily injury”, “highway-rail grade crossing”, “motorist”, 35 -7- LSB 5478YH (5) 84 dea/nh 7/ 9

H.F. 2263 “serious bodily injury”, and “train”. 1 The bill prohibits a motorist from stopping a vehicle on 2 a highway-rail grade crossing. The bill requires a motorist 3 to stop at a highway-rail grade crossing that has a stop sign 4 and provides detailed requirements for making the stop and 5 for determining when it is safe to proceed. The bill directs 6 that, when approaching a crossing marked with a yield or 7 crossbuck sign, a motorist shall prepare to stop and yield the 8 right-of-way to a train and shall stop when an appropriately 9 equipped flagger or a law enforcement officer signals the 10 approach of a train, when an approaching train is within 1,500 11 feet of the crossing and is sounding an audible signal, when an 12 approaching train is plainly visible and in hazardous proximity 13 to the crossing, when there is not enough space on the other 14 side of the crossing to accommodate the motorist’s vehicle, 15 or when it is otherwise unsafe to proceed. The bill provides 16 similar directions for motorists approaching a highway-rail 17 grade crossing with an active warning device and prohibits 18 a motorist from driving through, around, or under a gate or 19 barrier at a crossing while the gate or barrier is closed or is 20 being opened or closed except as directed by a flagger or law 21 enforcement officer. 22 The bill provides general guidelines for proceeding safely 23 through a highway-rail grade crossing by controlling the 24 speed of a vehicle, being prepared to stop when approaching a 25 crossing, and keeping to the right side of the highway when 26 approaching a crossing except in one-way traffic. The bill 27 prohibits parking at a distance of less than 50 feet from a 28 crossing except when necessary to avoid conflict with other 29 traffic. 30 The bill establishes the following penalties for 31 highway-rail grade crossing violations by motorists: 32 A violation of requirements at crossings marked with stop 33 signs, yield or crossbuck signs, or active warning devices is 34 a simple misdemeanor. A simple misdemeanor is punishable by 35 -8- LSB 5478YH (5) 84 dea/nh 8/ 9

H.F. 2263 confinement for no more than 30 days or a fine of at least $65 1 but not more than $625 or by both. A violation of requirements 2 for proceeding safely through a crossing or parking near a 3 crossing is a simple misdemeanor punishable by a scheduled 4 fine of $200 for a first violation and $300 for a second or 5 subsequent violation committed within an 18-month period. 6 Any violation by a motorist of highway-rail grade crossing 7 requirements that results in a collision causing bodily 8 injury to another person is a serious misdemeanor. A serious 9 misdemeanor is punishable by confinement for no more than one 10 year and a fine of at least $315 but not more than $1,875. A 11 violation that results in a collision causing serious bodily 12 injury to or death of another person is a class “D” felony. A 13 class “D” felony is punishable by confinement for no more than 14 five years and a fine of at least $750 but not more than $7,500. 15 The bill strikes a current provision in Code section 321.342 16 relating to stops at a posted railroad grade crossing, which is 17 now addressed in Code section 321.341 under the bill. 18 The bill repeals Code section 321.344B, which provides 19 a penalty for railroad crossing violations that create an 20 immediate threat to the safety of a person or property. The 21 section is no longer operative because the penalty provided is 22 the same as the minimum fine under current law for any railroad 23 crossing violation. 24 -9- LSB 5478YH (5) 84 dea/nh 9/ 9