SF 474 (LSB 2430SV (1) 88)

SENATE FILE 474

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 295)

A BILL FOR

An Act relating to motor vehicles that traverse certain railroad grade crossings against a gate or signal, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.341, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  For violations of this section that occur at a railroad grade crossing that has a median barrier and that is established as a quiet zone in accordance with 49 C.F.R. pt. 222, subpt. C, the person may attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department in lieu of the fine imposed under section 805.8A, subsection 14, paragraph “h”. To be eligible, the person shall notify the clerk of court prior to the date of the person’s court appearance as indicated on the citation that the person intends to attend and successfully complete a driver improvement program, and shall submit to the clerk of court written verification that the person completed the driver improvement program, signed by the instructor of the program, within ninety days of the violation.
    Sec. 2.  Section 805.8A, subsection 14, paragraph h, Code 2019, is amended to read as follows:
   h.  Railroad crossing violations.  For violations under sections 321.341, 321.342, 321.343, and 321.344, and 321.344B, the scheduled fine is two hundred dollars.  However, for violations of section 321.341 that occur at a railroad grade crossing that has a median barrier and that is established as a quiet zone in accordance with 49 C.F.R. pt. 222, subpt. C, the scheduled fine is four hundred dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Currently, Code section 321.341 provides that when a person driving a vehicle approaches a railroad grade crossing and a warning is given by automatic signal, crossing gate, or flag person of the immediate approach of a railroad train or railroad track equipment, the driver of the vehicle is required to stop the vehicle within 50 feet but not less than 15 feet from the nearest rail and is prohibited from proceeding until the driver can do so safely. In addition, the driver of a vehicle is required to stop the vehicle and not traverse the railroad grade crossing when the crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment. A violation of this provision is punishable by a scheduled fine of $200.
   This bill provides that when a violation of Code section 321.341 occurs at a railroad grade crossing that has a median barrier and that is established as a quiet zone in accordance with federal regulations, the violation is punishable by a scheduled fine of $400. However, the bill allows the person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department of transportation in lieu of the fine. To be eligible, the person must notify the clerk of court prior to the date of the person’s court appearance as indicated on the citation that the person intends to attend and successfully complete a driver improvement program, and must submit to the clerk of court written verification that the person completed the driver improvement program, signed by the instructor of the program, within 90 days of the violation.