HOUSE FILE 400

BY  T. TAYLOR

A BILL FOR

An Act relating to passive highway-rail grade crossings by providing for the establishment and enforcement of statewide standards and providing requirements for road users approaching passive highway-rail grade crossings, and including penalty provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

SIGHT DISTANCE AT PASSIVE HIGHWAY-RAIL GRADE CROSSINGS
   Section 1.  NEW SECTION.  327G.41  Short title.
   This division may be cited as the “Adequate Sight Distance at Passive Highway-Rail Grade Crossings Act”.
   Sec. 2.  NEW SECTION.  327G.42  Purpose.
   The purpose of this division is to establish a statewide program to improve sight distance at passive highway-rail grade crossings.
   Sec. 3.  NEW SECTION.  327G.43  Definitions.
   As used in this division, unless the context otherwise requires:
   1.  “Clearing sight distance” means the distance required along each direction of railroad track for a road user stopped fifteen feet before the near rail at a highway-rail grade crossing to be able to see far enough down the track, in both directions, to determine if sufficient time exists to move safely across the tracks to a point fifteen feet past the far rail prior to arrival of an approaching train.
   2.  “Corner sight distance” means the length of highway on the approach to a highway-rail grade crossing that would be required by a road user traveling at the posted speed limit to detect an approaching train from either direction of track in sufficient time to safely stop a vehicle at least fifteen feet before the near rail.
   3.  “Department” means the department of transportation.
   4.  “Passive highway-rail grade crossing” means a location, equipped solely with one or more signs, pavement markings, or other such traffic-control devices that are not activated by trains, where a public road, street, or highway, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at grade.
   5.  “Road user” means a motor vehicle operator, bicyclist, or pedestrian, including a person with one or more disabilities, who is on a public road, street, or highway or a private roadway, including sidewalks and pathways.
   6.  “Stopping sight distance” means the length of highway on the approach to a highway-rail grade crossing required to safely stop a vehicle traveling at the posted speed limit at least fifteen feet before the near rail.
   Sec. 4.  NEW SECTION.  327G.44  Sight distance at passive highway-rail grade crossings —— penalty.
   1.  Periodic evaluation.  The department shall establish a program to determine the adequacy of the clearing sight distance, corner sight distance, and stopping sight distance at each passive highway-rail grade crossing on a periodic basis.
   2.  Inspection authority.  To carry out this section, an inspector authorized by the department, at reasonable times and in a reasonable manner, may enter public or private property for the purposes of determining the adequacy of the clearing sight distance, corner sight distance, and stopping sight distance at a passive highway-rail grade crossing and evaluating sight distance obstructions caused, in whole or in part, by structures, topography, standing railroad equipment, or trees or other vegetation located within close proximity to a passive highway-rail grade crossing.
   3.  Actions to improve sight distance.
   a.  If the department finds that structures, topography, standing railroad equipment, or trees or other vegetation are obstructing the required clearing sight distance, corner sight distance, or stopping sight distance at a passive highway-rail grade crossing, the department shall take action to address the obstruction. Such action may include but shall not be limited to the following:
   (1)  Ordering the removal or mitigation of the obstruction by the owner of private property on which the obstruction is located.
   (2)  Providing written notice of the obstruction to the appropriate state or local government agency with maintenance responsibility for the public property on which the obstruction is located.
   (3)  Installing additional traffic-control devices.
   (4)  Lowering the speed limit in the vicinity of the passive highway-rail grade crossing or installing advisory speed signs to alert road users.
   b.  A private property owner who receives an order to remove or mitigate an obstruction pursuant to paragraph“a” shall have sixty days from receipt of the order to either comply with the order or file an appeal with the department. A person who fails to comply with an original order of the department or an order following appeal shall be subject to a civil penalty of not less than one hundred dollars, but not more than five hundred dollars, for each day the obstruction continues unabated. The department may waive part or all of a civil penalty imposed under this paragraph.
   c.  A state or local government agency that receives an order to remove or mitigate an obstruction pursuant to paragraph “a” shall have sixty days from receipt of the order to either comply with the order or file an appeal with the department. If the government agency fails to comply with the original order or an order following an appeal, the department may remove or mitigate the obstruction and then seek reimbursement from the government agency responsible for maintenance of the public property on which the obstruction was located.

DIVISION II

MOTOR VEHICLE OPERATORS AND OTHER ROAD USERS
   Sec. 5.  Section 321.342, subsection 1, Code 2011, is amended to read as follows:
   1.  The driver of any vehicle approaching a railroad grade crossing across at which traffic is regulated bya stop sign, a railroad sign directing traffic to stop or an official traffic control signal displaying a flashing red or steady circular red colored light shall stop prior to crossing the railroad at the first opportunity at either the clearly marked stop line or at a point near the crossing where the driver has a clear view of the approaching railroad traffic.
   Sec. 6.  Section 321.342, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.
  a.  Upon approach to a passive highway-rail grade crossing, a road user shall come to a full stop within fifty feet but not less than fifteen feet before the nearest rail under any of the following circumstances:
   (1)  An approaching train or other railroad equipment is likely to occupy the crossing before the road user can safely enter and clear the crossing.
   (2)  A train approaching the crossing sounds a locomotive horn or other locomotive audible warning device.
   (3)  A stop sign is posted at the crossing.
   b.  While stopped, the road user shall listen and look in both directions for an approaching train, and for signals indicating the approach of a train, and shall not proceed until the road user can do so safely.
   c.  As used in this subsection, the terms“passive highway-rail grade crossing” and“road user” mean the same as defined in section 327G.43.
EXPLANATION
   This bill establishes a statewide program to improve sight distance at passive highway-rail grade crossings.
   A passive highway-rail grade crossing is defined as a location where a public or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at grade, if the location is equipped solely with one or more signs, pavement markings, or other such traffic-control devices that are not activated by trains.
   The bill provides technical definitions for “clearing sight distance”, which refers to the view down the track in either direction from a stopping point on the road 15 feet from the track; “corner sight distance”, which refers to the distance required for a road user traveling at the speed limit to detect an approaching train in time to stop at least 15 feet from the track; and “stopping sight distance”, which refers to the distance required for a vehicle traveling at the speed limit to safely stop at least 15 feet from the track. The term “road user” refers to a motor vehicle operator, a bicyclist, or a pedestrian, including a person with one or more disabilities, who is on a public road, street, or highway or a private roadway, including sidewalks and pathways.
   The bill requires the department of transportation to establish a program to periodically check the adequacy of clearing sight distance, corner sight distance, and stopping sight distance at passive highway-rail grade crossings. Inspectors authorized by the department may enter public or private property to perform their duty and evaluate obstructions caused by structures, topography, standing railroad equipment, or trees or other vegetation. The department is required to take action to address the obstruction, including but not limited to ordering the property owner to remove or mitigate an obstruction located on private property; if the obstruction is on public property, providing written notice of the obstruction to the state or local government agency with maintenance responsibility for the property; installing additional traffic control devices; or lowering the speed limit on the portion of the highway approaching the passive highway-rail grade crossing or installing advisory speed signs.
   A private property owner or a public agency has 60 days in which to comply with an order to remove or mitigate an obstruction or appeal the order to the department. A civil penalty of not less than $100 and not more than $500 for each day the obstruction continues shall be imposed on a private property owner who fails to comply with either an original order or an order following an appeal; however, the department has discretion to waive part or all of the amount of the penalty. If a government agency fails to comply with an order, the department may remove or mitigate the obstruction and then seek reimbursement from the government agency.
   Under current law, a motor vehicle operator approaching any railroad grade crossing regulated by a stop sign, a railroad sign directing traffic to stop, or an official traffic-control signal displaying a flashing red or steady circular red light is required to stop prior to crossing the tracks at the first opportunity at either the clearly marked line or at a point near the crossing where the driver has a clear view of the approaching train. The bill leaves that requirement in place for drivers approaching railroad grade crossings with official traffic-control signals, but provides specific requirements for all road users approaching passive highway-rail grade crossings. The bill requires a road user to come to a complete stop within 50 feet but not less than 15 feet before the nearest rail if the approaching train or other railroad equipment is likely to occupy the crossing before the user can safely enter and clear the crossing; if a locomotive or other audible warning device is sounded by a train approaching the crossing; or if a stop sign is posted at the crossing. While stopped, the road user shall listen and look in both directions for an approaching train, and for signals indicating the approach of a train, and shall not proceed until the road user can do so safely.
   Pursuant to current law, the penalty for failure to stop as required at a railroad-grade crossing is a simple misdemeanor punishable by a scheduled fine of $200.