Senate
File
474
-
Introduced
SENATE
FILE
474
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SF
295)
A
BILL
FOR
An
Act
relating
to
motor
vehicles
that
traverse
certain
1
railroad
grade
crossings
against
a
gate
or
signal,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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474
Section
1.
Section
321.341,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
For
violations
of
this
section
that
3
occur
at
a
railroad
grade
crossing
that
has
a
median
barrier
4
and
that
is
established
as
a
quiet
zone
in
accordance
with
5
49
C.F.R.
pt.
222,
subpt.
C,
the
person
may
attend
and
6
successfully
complete,
at
the
person’s
own
expense,
a
driver
7
improvement
program
approved
by
the
department
in
lieu
of
the
8
fine
imposed
under
section
805.8A,
subsection
14,
paragraph
9
“h”
.
To
be
eligible,
the
person
shall
notify
the
clerk
of
10
court
prior
to
the
date
of
the
person’s
court
appearance
as
11
indicated
on
the
citation
that
the
person
intends
to
attend
and
12
successfully
complete
a
driver
improvement
program,
and
shall
13
submit
to
the
clerk
of
court
written
verification
that
the
14
person
completed
the
driver
improvement
program,
signed
by
the
15
instructor
of
the
program,
within
ninety
days
of
the
violation.
16
Sec.
2.
Section
805.8A,
subsection
14,
paragraph
h,
Code
17
2019,
is
amended
to
read
as
follows:
18
h.
Railroad
crossing
violations.
For
violations
under
19
sections
321.341
,
321.342
,
321.343
,
and
321.344
,
and
321.344B
,
20
the
scheduled
fine
is
two
hundred
dollars.
However,
for
21
violations
of
section
321.341
that
occur
at
a
railroad
grade
22
crossing
that
has
a
median
barrier
and
that
is
established
as
a
23
quiet
zone
in
accordance
with
49
C.F.R.
pt.
222,
subpt.
C,
the
24
scheduled
fine
is
four
hundred
dollars.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
Currently,
Code
section
321.341
provides
that
when
a
person
29
driving
a
vehicle
approaches
a
railroad
grade
crossing
and
30
a
warning
is
given
by
automatic
signal,
crossing
gate,
or
31
flag
person
of
the
immediate
approach
of
a
railroad
train
or
32
railroad
track
equipment,
the
driver
of
the
vehicle
is
required
33
to
stop
the
vehicle
within
50
feet
but
not
less
than
15
feet
34
from
the
nearest
rail
and
is
prohibited
from
proceeding
until
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474
the
driver
can
do
so
safely.
In
addition,
the
driver
of
a
1
vehicle
is
required
to
stop
the
vehicle
and
not
traverse
the
2
railroad
grade
crossing
when
the
crossing
gate
is
lowered
or
3
when
a
human
flagman
gives
or
continues
to
give
a
signal
of
4
the
approach
or
passage
of
a
railroad
train
or
railroad
track
5
equipment.
A
violation
of
this
provision
is
punishable
by
a
6
scheduled
fine
of
$200.
7
This
bill
provides
that
when
a
violation
of
Code
section
8
321.341
occurs
at
a
railroad
grade
crossing
that
has
a
median
9
barrier
and
that
is
established
as
a
quiet
zone
in
accordance
10
with
federal
regulations,
the
violation
is
punishable
by
a
11
scheduled
fine
of
$400.
However,
the
bill
allows
the
person
to
12
attend
and
successfully
complete,
at
the
person’s
own
expense,
13
a
driver
improvement
program
approved
by
the
department
of
14
transportation
in
lieu
of
the
fine.
To
be
eligible,
the
15
person
must
notify
the
clerk
of
court
prior
to
the
date
of
16
the
person’s
court
appearance
as
indicated
on
the
citation
17
that
the
person
intends
to
attend
and
successfully
complete
a
18
driver
improvement
program,
and
must
submit
to
the
clerk
of
19
court
written
verification
that
the
person
completed
the
driver
20
improvement
program,
signed
by
the
instructor
of
the
program,
21
within
90
days
of
the
violation.
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