H.F. 400 DIVISION I 1 SIGHT DISTANCE AT PASSIVE HIGHWAY-RAIL GRADE CROSSINGS 2 Section 1. NEW SECTION . 327G.41 Short title. 3 This division may be cited as the “Adequate Sight Distance at 4 Passive Highway-Rail Grade Crossings Act” . 5 Sec. 2. NEW SECTION . 327G.42 Purpose. 6 The purpose of this division is to establish a statewide 7 program to improve sight distance at passive highway-rail grade 8 crossings. 9 Sec. 3. NEW SECTION . 327G.43 Definitions. 10 As used in this division, unless the context otherwise 11 requires: 12 1. “Clearing sight distance” means the distance required 13 along each direction of railroad track for a road user stopped 14 fifteen feet before the near rail at a highway-rail grade 15 crossing to be able to see far enough down the track, in both 16 directions, to determine if sufficient time exists to move 17 safely across the tracks to a point fifteen feet past the far 18 rail prior to arrival of an approaching train. 19 2. “Corner sight distance” means the length of highway on 20 the approach to a highway-rail grade crossing that would be 21 required by a road user traveling at the posted speed limit to 22 detect an approaching train from either direction of track in 23 sufficient time to safely stop a vehicle at least fifteen feet 24 before the near rail. 25 3. “Department” means the department of transportation. 26 4. “Passive highway-rail grade crossing” means a location, 27 equipped solely with one or more signs, pavement markings, or 28 other such traffic-control devices that are not activated by 29 trains, where a public road, street, or highway, or a private 30 roadway, including associated sidewalks and pathways, crosses 31 one or more railroad tracks at grade. 32 5. “Road user” means a motor vehicle operator, bicyclist, or 33 pedestrian, including a person with one or more disabilities, 34 who is on a public road, street, or highway or a private 35 -1- LSB 2214YH (3) 84 dea/nh 1/ 6

H.F. 400 roadway, including sidewalks and pathways. 1 6. “Stopping sight distance” means the length of highway 2 on the approach to a highway-rail grade crossing required to 3 safely stop a vehicle traveling at the posted speed limit at 4 least fifteen feet before the near rail. 5 Sec. 4. NEW SECTION . 327G.44 Sight distance at passive 6 highway-rail grade crossings —— penalty. 7 1. Periodic evaluation. The department shall establish 8 a program to determine the adequacy of the clearing sight 9 distance, corner sight distance, and stopping sight distance at 10 each passive highway-rail grade crossing on a periodic basis. 11 2. Inspection authority. To carry out this section, an 12 inspector authorized by the department, at reasonable times 13 and in a reasonable manner, may enter public or private 14 property for the purposes of determining the adequacy of the 15 clearing sight distance, corner sight distance, and stopping 16 sight distance at a passive highway-rail grade crossing and 17 evaluating sight distance obstructions caused, in whole or in 18 part, by structures, topography, standing railroad equipment, 19 or trees or other vegetation located within close proximity to 20 a passive highway-rail grade crossing. 21 3. Actions to improve sight distance. 22 a. If the department finds that structures, topography, 23 standing railroad equipment, or trees or other vegetation are 24 obstructing the required clearing sight distance, corner sight 25 distance, or stopping sight distance at a passive highway-rail 26 grade crossing, the department shall take action to address the 27 obstruction. Such action may include but shall not be limited 28 to the following: 29 (1) Ordering the removal or mitigation of the obstruction 30 by the owner of private property on which the obstruction is 31 located. 32 (2) Providing written notice of the obstruction to the 33 appropriate state or local government agency with maintenance 34 responsibility for the public property on which the obstruction 35 -2- LSB 2214YH (3) 84 dea/nh 2/ 6

H.F. 400 is located. 1 (3) Installing additional traffic-control devices. 2 (4) Lowering the speed limit in the vicinity of the passive 3 highway-rail grade crossing or installing advisory speed signs 4 to alert road users. 5 b. A private property owner who receives an order to remove 6 or mitigate an obstruction pursuant to paragraph “a” shall have 7 sixty days from receipt of the order to either comply with 8 the order or file an appeal with the department. A person 9 who fails to comply with an original order of the department 10 or an order following appeal shall be subject to a civil 11 penalty of not less than one hundred dollars, but not more than 12 five hundred dollars, for each day the obstruction continues 13 unabated. The department may waive part or all of a civil 14 penalty imposed under this paragraph. 15 c. A state or local government agency that receives an order 16 to remove or mitigate an obstruction pursuant to paragraph 17 “a” shall have sixty days from receipt of the order to either 18 comply with the order or file an appeal with the department. 19 If the government agency fails to comply with the original 20 order or an order following an appeal, the department may 21 remove or mitigate the obstruction and then seek reimbursement 22 from the government agency responsible for maintenance of the 23 public property on which the obstruction was located. 24 DIVISION II 25 MOTOR VEHICLE OPERATORS AND OTHER ROAD USERS 26 Sec. 5. Section 321.342, subsection 1, Code 2011, is amended 27 to read as follows: 28 1. The driver of any vehicle approaching a railroad grade 29 crossing across at which traffic is regulated by a stop sign, a 30 railroad sign directing traffic to stop or an official traffic 31 control signal displaying a flashing red or steady circular red 32 colored light shall stop prior to crossing the railroad at the 33 first opportunity at either the clearly marked stop line or at 34 a point near the crossing where the driver has a clear view of 35 -3- LSB 2214YH (3) 84 dea/nh 3/ 6

H.F. 400 the approaching railroad traffic. 1 Sec. 6. Section 321.342, Code 2011, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 1A. a. Upon approach to a passive 4 highway-rail grade crossing, a road user shall come to a full 5 stop within fifty feet but not less than fifteen feet before 6 the nearest rail under any of the following circumstances: 7 (1) An approaching train or other railroad equipment is 8 likely to occupy the crossing before the road user can safely 9 enter and clear the crossing. 10 (2) A train approaching the crossing sounds a locomotive 11 horn or other locomotive audible warning device. 12 (3) A stop sign is posted at the crossing. 13 b. While stopped, the road user shall listen and look in 14 both directions for an approaching train, and for signals 15 indicating the approach of a train, and shall not proceed until 16 the road user can do so safely. 17 c. As used in this subsection, the terms “passive 18 highway-rail grade crossing” and “road user” mean the same as 19 defined in section 327G.43. 20 EXPLANATION 21 This bill establishes a statewide program to improve sight 22 distance at passive highway-rail grade crossings. 23 A passive highway-rail grade crossing is defined as 24 a location where a public or private roadway, including 25 associated sidewalks and pathways, crosses one or more railroad 26 tracks at grade, if the location is equipped solely with one or 27 more signs, pavement markings, or other such traffic-control 28 devices that are not activated by trains. 29 The bill provides technical definitions for “clearing sight 30 distance”, which refers to the view down the track in either 31 direction from a stopping point on the road 15 feet from the 32 track; “corner sight distance”, which refers to the distance 33 required for a road user traveling at the speed limit to detect 34 an approaching train in time to stop at least 15 feet from 35 -4- LSB 2214YH (3) 84 dea/nh 4/ 6

H.F. 400 the track; and “stopping sight distance”, which refers to the 1 distance required for a vehicle traveling at the speed limit 2 to safely stop at least 15 feet from the track. The term “road 3 user” refers to a motor vehicle operator, a bicyclist, or a 4 pedestrian, including a person with one or more disabilities, 5 who is on a public road, street, or highway or a private 6 roadway, including sidewalks and pathways. 7 The bill requires the department of transportation to 8 establish a program to periodically check the adequacy 9 of clearing sight distance, corner sight distance, and 10 stopping sight distance at passive highway-rail grade 11 crossings. Inspectors authorized by the department may 12 enter public or private property to perform their duty and 13 evaluate obstructions caused by structures, topography, 14 standing railroad equipment, or trees or other vegetation. 15 The department is required to take action to address the 16 obstruction, including but not limited to ordering the 17 property owner to remove or mitigate an obstruction located on 18 private property; if the obstruction is on public property, 19 providing written notice of the obstruction to the state or 20 local government agency with maintenance responsibility for 21 the property; installing additional traffic control devices; 22 or lowering the speed limit on the portion of the highway 23 approaching the passive highway-rail grade crossing or 24 installing advisory speed signs. 25 A private property owner or a public agency has 60 days 26 in which to comply with an order to remove or mitigate an 27 obstruction or appeal the order to the department. A civil 28 penalty of not less than $100 and not more than $500 for each 29 day the obstruction continues shall be imposed on a private 30 property owner who fails to comply with either an original 31 order or an order following an appeal; however, the department 32 has discretion to waive part or all of the amount of the 33 penalty. If a government agency fails to comply with an order, 34 the department may remove or mitigate the obstruction and then 35 -5- LSB 2214YH (3) 84 dea/nh 5/ 6

H.F. 400 seek reimbursement from the government agency. 1 Under current law, a motor vehicle operator approaching any 2 railroad grade crossing regulated by a stop sign, a railroad 3 sign directing traffic to stop, or an official traffic-control 4 signal displaying a flashing red or steady circular red light 5 is required to stop prior to crossing the tracks at the first 6 opportunity at either the clearly marked line or at a point 7 near the crossing where the driver has a clear view of the 8 approaching train. The bill leaves that requirement in place 9 for drivers approaching railroad grade crossings with official 10 traffic-control signals, but provides specific requirements 11 for all road users approaching passive highway-rail grade 12 crossings. The bill requires a road user to come to a complete 13 stop within 50 feet but not less than 15 feet before the 14 nearest rail if the approaching train or other railroad 15 equipment is likely to occupy the crossing before the user can 16 safely enter and clear the crossing; if a locomotive or other 17 audible warning device is sounded by a train approaching the 18 crossing; or if a stop sign is posted at the crossing. While 19 stopped, the road user shall listen and look in both directions 20 for an approaching train, and for signals indicating the 21 approach of a train, and shall not proceed until the road user 22 can do so safely. 23 Pursuant to current law, the penalty for failure to stop as 24 required at a railroad-grade crossing is a simple misdemeanor 25 punishable by a scheduled fine of $200. 26 -6- LSB 2214YH (3) 84 dea/nh 6/ 6