HOUSE FILE 2263

BY  M. SMITH, MURPHY, HALL, KEARNS, COHOON, T. TAYLOR, and HUNTER

A BILL FOR

An Act concerning requirements for motorists at highway-rail grade crossings, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.341, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   321.341  Highway-rail grade crossing violations.
   1.  Short title.  This section shall be known and may be cited as the “Highway-Rail Grade Crossing Safety Act”.
   2.  Purpose.  The purpose of this section is to prevent collisions and casualties to motorists and their passengers at public highway-rail grade crossings and to otherwise enhance the safety of transportation by railroad and highway.
   3.  Definitions.  For purposes of this section, unless the context otherwise requires, the following terms have the following meaning:
   a.  “Active warning device” means a traffic control device activated by the approach of a train, such as a flashing light signal, automatic gate, or similar device or a manually operated device or crossing watchman, any of which displays to motorists a positive warning of the approach or presence of a train.
   b.  “Appropriately equipped flagger” means a person who is authorized to temporarily control traffic at a highway-rail grade crossing and who is equipped with a vest, shirt, or jacket of a color appropriate for daytime flagging, such as orange, yellow, strong yellow green, or fluorescent versions of these colors or other generally accepted high visibility colors. For nighttime flagging, similar outside garments shall be retroreflective. Acceptable hand signal devices for daytime flagging include “STOP/SLOW” paddles or red flags. For nighttime flagging, a flashlight, lantern, or other lighted signal shall be used. To the extent that the manual on uniform traffic control devices adopted pursuant to section 321.252 addresses standards and guides for flaggers and flagging equipment for highway traffic control, a flagger’s employer should be aware of the standards and comply with them to the greatest extent possible.

   c.  “Bodily injury” means a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary.
   d.  “Highway-rail grade crossing” or “crossing” means an intersection of one or more railroad tracks and a public highway, road, or street, including associated sidewalks and pathways, that occurs at grade level.
   e.  “Motorist” means the operator of a motor vehicle.
   f.  “Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
   g.  “Train” means one or more locomotives, or any equivalent equipment including but not limited to a rail car without propelling motors but equipped with one or more control stands that is the controlling unit in an urban rapid transit train movement, with or without rail cars or other rolling on-track railroad equipment.
   4.  Approaching and stopping at highway-rail grade crossing.
   a.  Stopping on crossing prohibited.  A motorist shall not stop a vehicle on a highway-rail grade crossing.
   b.  Crossings governed by a stop sign.  When a motorist approaches a highway-rail grade crossing that has a stop sign located within fifty feet of the approach side of the crossing, as measured from the rail nearest to the sign, the motorist shall stop at the stop sign or at its corresponding stop line, stopping within fifty feet but not less than fifteen feet from the nearest rail of the crossing, as measured from the rail nearest to the motorist’s vehicle, and shall not proceed onto or through the crossing in any one or more of the following circumstances, regardless of any indication from an official traffic control device to proceed:
   (1)  When an appropriately equipped flagger or a law enforcement officer signals the approach of a train to the crossing. 
   (2)  When an approaching train is within one thousand five hundred feet of the crossing and is emitting an audible signal.
   (3)  When an approaching train is plainly visible and is in hazardous proximity to the crossing.
   (4)  When there is not adequate space on the other side of the crossing to accommodate the motorist’s vehicle without obstructing the passage of another motor vehicle or train.
   (5)  When it is otherwise unsafe to proceed.
   c.  Crossings governed by a yield sign or crossbuck sign.  When a motorist is approaching a highway-rail grade crossing that has a yield sign or a railroad crossbuck sign located within fifty feet of the approach side of the crossing, as measured from the rail nearest to the sign, the motorist shall prepare to stop and yield the right-of-way to a train and, in any one or more of the following circumstances, shall stop at the yield sign or crossbuck sign or at a corresponding yield or stop line, stopping within fifty feet but not less than fifteen feet from the nearest rail of the crossing, as measured from the rail nearest to the motorist’s vehicle, and shall not proceed onto or through the crossing, regardless of any indication from an official traffic control device to proceed:
   (1)  When an appropriately equipped flagger or a law enforcement officer signals the approach of a train to the crossing.
   (2)  When an approaching train is within one thousand five hundred feet of the crossing and is emitting an audible signal.
   (3)  When an approaching train is plainly visible and is in hazardous proximity to the crossing.
   (4)  When there is not adequate space on the other side of the crossing to accommodate the motorist’s vehicle without obstructing the passage of another vehicle or train.
   (5)  When it is otherwise unsafe to proceed.
   d.  Crossings equipped with an active warning device.  When a motorist is approaching a highway-rail grade crossing equipped with an active warning device, in any one or more of the following circumstances, the motorist shall stop within fifty feet but not less than fifteen feet from the nearest rail of the crossing, as measured from the rail nearest to the motorist’s vehicle, and shall not proceed onto or through the crossing, regardless of any indication from an official traffic control device to proceed:
   (1)  When an audible or clearly visible active warning device gives warning of the immediate approach of a train to the crossing.
   (2)  When a crossing gate or barrier is closed or is being opened or closed, unless directed to proceed by an appropriately equipped flagger or a law enforcement officer.
   (3)  When an appropriately equipped flagger or a law enforcement officer signals the approach of a train to the crossing.
   (4)  When an approaching train is within one thousand five hundred feet of the crossing and is emitting an audible signal.
   (5)  When an approaching train is plainly visible and is in hazardous proximity to the crossing.
   (6)  When there is not adequate space on the other side of the crossing to accommodate the motorist’s vehicle without obstructing the passage of another vehicle or train.
   (7)  When it is otherwise unsafe to proceed.
   5.  Driving through, around, or under a crossing gate.  A motorist shall not drive a vehicle through, around, or under a gate or barrier at a highway-rail grade crossing while the gate or barrier is closed or is being opened or closed, unless directed to do so by an appropriately equipped flagger or a law enforcement officer.
   6.  Proceeding safely onto or through a crossing.
   a.  General.  A motorist shall control the speed of a vehicle and be prepared to stop when approaching a highway-rail grade crossing and shall not proceed onto or through the crossing until the motorist can do so safely.
   b.  Keeping to the right.  A motorist shall keep to the right side of the highway when approaching within one hundred feet of the nearest rail of a highway-rail grade crossing and while traversing a crossing, unless the right side of the highway is obstructed or impassable, or where there is a one-way traffic pattern at the crossing.
   7.  Parking at a crossing.  A motorist shall not park a vehicle within fifty feet of the nearest rail of a crossing, except when it is necessary to avoid conflict with other traffic.
   8.  Penalties.
   a.  Basic penalties.
   (1)  A person who commits a violation of subsection 4 or 5 is guilty of a simple misdemeanor.
   (2)  A person who commits a violation of subsection 6 or 7 is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “h”.
   b.  Enhanced penalties.
   (1)  Notwithstanding paragraph “a”, a person who commits a violation of subsection 4, 5, 6, or 7 resulting in a collision that causes bodily injury to another person is guilty of a serious misdemeanor.
   (2)  Notwithstanding paragraph “a”, a person who commits a violation of subsection 4, 5, 6, or 7 resulting in a collision that causes serious bodily injury to or death of another person is guilty of a class “D” felony.
   9.  Construction with other violations, crimes, or other offenses.  Nothing in this section shall be construed to prohibit or limit the prosecution of a violation, crime, or other offense otherwise required or permitted by law.
    Sec. 2.  Section 321.342, subsection 1, Code 2011, is amended by striking the subsection.
    Sec. 3.  Section 321.344A, subsection 1, Code 2011, is amended to read as follows:
   1.  The employee of a railroad who observes a violation of section 321.341, 321.342, 321.343, or 321.344 may prepare a written report on a form provided by the department of public safety indicating that a violation has occurred. The railroad employee may deliver the report not more than seventy-two hours after the violation occurred to a peace officer of the state or a peace officer of the county or municipality in which the violation occurred. The report shall state the time and the location at which the violation occurred and shall include the registration plate number and a description of the vehicle involved in the violation.
    Sec. 4.  Section 321.344A, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  If, from the investigation, the peace officer has reasonable cause to believe that a violation occurred but is unable to identify the driver, the peace officer shall serve a uniform traffic citation for the violation on the owner of the motor vehicle or, in the case of a commercial motor vehicle, on the employer of the driver. Notwithstanding section 321.484, in a proceeding where the peace officer who conducted the investigation was not able to identify the driver of the motor vehicle, proof that the motor vehicle described in the uniform traffic citation was used to commit the violation of section 321.341, 321.342, 321.343, or 321.344, together with proof that the defendant named in the citation was the owner of the motor vehicle or, in the case of a commercial motor vehicle, the employer of the driver, at the time the violation occurred, constitutes a permissible inference that the owner or employer was the person who committed the violation.
    Sec. 5.  Section 321.484, subsection 3, Code 2011, is amended to read as follows:
   3.  If a peace officer as defined in section 801.4 has reasonable cause to believe the driver of a motor vehicle has violated section 321.261, 321.262, 321.264, 321.341, 321.342, 321.343, 321.344, or 321.372, the officer may request any owner of the motor vehicle to supply information identifying the driver. When requested, the owner of the vehicle shall identify the driver to the best of the owner’s ability. However, the owner of the vehicle is not required to supply identification information to the officer if the owner believes the information is self-incriminating.
    Sec. 6.  Section 805.8A, subsection 14, paragraph h, Code Supplement 2011, is amended to read as follows:
   h.  Railroad crossing violations.  
   (1)  For a violation under section 321.341, subsection 6 or 7, the scheduled fine is two hundred dollars. However, the fine shall be three hundred dollars for a second or subsequent violation under section 321.341, subsection 6 or 7, committed within a period of eighteen months.
   (2)  For violations under sections 321.341, 321.342, 321.343, and 321.344, and 321.344B, the scheduled fine is two hundred dollars.
    Sec. 7.  REPEAL.  Section 321.344B, Code 2011, is repealed.
EXPLANATION
   This bill replaces current Code provisions relating to the requirements for motor vehicle operators approaching and stopping at railroad grade crossings with the “Highway-Rail Grade Crossing Safety Act”, which is proposed in model legislation developed by the United States department of transportation, federal railroad administration, office of railroad safety, and contained in the publication, “Model State Legislation on Highway-Rail Grade Crossing Violations by Motorists, September 2011”.
   The bill states that the purpose of the new provisions is to prevent collisions and casualties to motorists and passengers at public highway-rail grade crossings and to enhance the safety of transportation by railroad and highway.
   The bill provides definitions for key terms, including “active warning device”, “appropriately equipped flagger”, “bodily injury”, “highway-rail grade crossing”, “motorist”, “serious bodily injury”, and “train”.
   The bill prohibits a motorist from stopping a vehicle on a highway-rail grade crossing. The bill requires a motorist to stop at a highway-rail grade crossing that has a stop sign and provides detailed requirements for making the stop and for determining when it is safe to proceed. The bill directs that, when approaching a crossing marked with a yield or crossbuck sign, a motorist shall prepare to stop and yield the right-of-way to a train and shall stop when an appropriately equipped flagger or a law enforcement officer signals the approach of a train, when an approaching train is within 1,500 feet of the crossing and is sounding an audible signal, when an approaching train is plainly visible and in hazardous proximity to the crossing, when there is not enough space on the other side of the crossing to accommodate the motorist’s vehicle, or when it is otherwise unsafe to proceed. The bill provides similar directions for motorists approaching a highway-rail grade crossing with an active warning device and prohibits a motorist from driving through, around, or under a gate or barrier at a crossing while the gate or barrier is closed or is being opened or closed except as directed by a flagger or law enforcement officer.
   The bill provides general guidelines for proceeding safely through a highway-rail grade crossing by controlling the speed of a vehicle, being prepared to stop when approaching a crossing, and keeping to the right side of the highway when approaching a crossing except in one-way traffic. The bill prohibits parking at a distance of less than 50 feet from a crossing except when necessary to avoid conflict with other traffic.
   The bill establishes the following penalties for highway-rail grade crossing violations by motorists:
   A violation of requirements at crossings marked with stop signs, yield or crossbuck signs, or active warning devices is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. A violation of requirements for proceeding safely through a crossing or parking near a crossing is a simple misdemeanor punishable by a scheduled fine of $200 for a first violation and $300 for a second or subsequent violation committed within an 18-month period. Any violation by a motorist of highway-rail grade crossing requirements that results in a collision causing bodily injury to another person is a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A violation that results in a collision causing serious bodily injury to or death of another person is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill strikes a current provision in Code section 321.342 relating to stops at a posted railroad grade crossing, which is now addressed in Code section 321.341 under the bill.
   The bill repeals Code section 321.344B, which provides a penalty for railroad crossing violations that create an immediate threat to the safety of a person or property. The section is no longer operative because the penalty provided is the same as the minimum fine under current law for any railroad crossing violation.