Senate File 2093 - Introduced SENATE FILE 2093 BY HORN A BILL FOR An Act relating to requirements for drivers of vehicles at 1 railroad grade crossings upon the approach or presence of 2 railroad track equipment, and making a penalty applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5825SS (2) 84 dea/nh

S.F. 2093 Section 1. Section 321.341, Code 2011, is amended to read 1 as follows: 2 321.341 Obedience to signal of indicating approach of 3 railroad train or railroad track equipment . 4 1. When a person driving a vehicle approaches a railroad 5 grade crossing and warning is given by automatic signal, 6 crossing gates, a flag person, or otherwise of the immediate 7 approach of a railroad train or railroad track equipment , the 8 driver of the vehicle shall stop within fifty feet but not less 9 than fifteen feet from the nearest rail and shall not proceed 10 until the driver can do so safely. 11 2. The driver of a vehicle shall stop and remain standing 12 and not traverse such a grade crossing when a crossing gate 13 is lowered or when a human flagman gives or continues to give 14 a signal of the approach or passage of a railroad train or 15 railroad track equipment . 16 Sec. 2. Section 321.342, subsection 1, Code 2011, is amended 17 to read as follows: 18 1. The driver of any vehicle approaching a railroad grade 19 crossing across which traffic is regulated by a stop sign, a 20 railroad sign directing traffic to stop , or an official traffic 21 control signal displaying a flashing red or steady circular red 22 colored light shall stop prior to crossing driving across the 23 railroad grade crossing at the first opportunity at either the 24 clearly marked stop line or at a point near the crossing where 25 the driver has a clear view of the approaching railroad traffic 26 train or railroad track equipment . 27 Sec. 3. Section 321.343, subsection 1, Code 2011, is amended 28 to read as follows: 29 1. The driver of a motor vehicle carrying passengers for 30 hire, a school bus, or a vehicle carrying hazardous material 31 and required to stop before crossing driving across a railroad 32 track by motor carrier safety rules adopted under section 33 321.449 , before crossing driving across at grade any track of 34 a railroad, shall stop the vehicle within fifty feet but not 35 -1- LSB 5825SS (2) 84 dea/nh 1/ 3

S.F. 2093 less than fifteen feet from the nearest rail. While stopped, 1 the driver shall listen and look in both directions for an 2 approaching railroad train or railroad track equipment , and for 3 signals indicating the approach of a railroad train or railroad 4 track equipment , and shall not proceed until the driver can do 5 so safely. 6 Sec. 4. Section 321.343, subsection 2, paragraph a, Code 7 2011, is amended to read as follows: 8 a. If the driver is not always required to stop at a 9 railroad crossing, slow down when approaching the crossing and 10 check that the railroad tracks are clear of an approaching 11 railroad train or railroad track equipment before proceeding. 12 Sec. 5. Section 321.344, subsections 2, 3, and 4, Code 2011, 13 are amended to read as follows: 14 2. Notice of any such the intended crossing shall be given 15 to a superintendent of such the railroad , and a reasonable 16 time shall be given to such the railroad to provide proper 17 protection at such the crossing. 18 3. Before making any such the crossing , the person operating 19 or moving any such the vehicle or equipment shall first stop 20 the same vehicle or equipment not less than ten feet nor more 21 than fifty feet from the nearest rail of such railway the 22 railroad and , while so stopped , shall listen and look in both 23 directions along such the track for any approaching railroad 24 train or railroad track equipment and for signals indicating 25 the approach of a railroad train or railroad track equipment , 26 and shall not proceed until the crossing can be made safely. 27 4. No such crossing shall be made when warning is given by 28 automatic signal or crossing gates or a flagman or otherwise 29 of the immediate approach of a railroad train or car railroad 30 track equipment . 31 EXPLANATION 32 This bill amends Code provisions relating to requirements 33 for drivers of vehicles at railroad grade crossings. The bill 34 provides that in any situation where a driver is required 35 -2- LSB 5825SS (2) 84 dea/nh 2/ 3

S.F. 2093 to stop or proceed with caution when given warning of an 1 approaching railroad train or is required to stop or be alert 2 for an approaching railroad train, the requirement also applies 3 in the case of approaching railroad track equipment. 4 Pursuant to current law, a person convicted of a railroad 5 crossing violation commits a simple misdemeanor punishable by a 6 scheduled fine of $200. 7 -3- LSB 5825SS (2) 84 dea/nh 3/ 3