SENATE FILE 2093

BY  HORN

A BILL FOR

An Act relating to requirements for drivers of vehicles at railroad grade crossings upon the approach or presence of railroad track equipment, and making a penalty applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.341, Code 2011, is amended to read as follows:
   321.341  Obedience to signal of
 
indicating approach of railroad train
 
or railroad track equipment.
   1.  When a person driving a vehicle approaches a railroad grade crossing and warning is given by automatic signal, crossing gates, a flag person, or otherwise of the immediate approach of a
 
railroad train
 
or railroad track equipment, the driver of the vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail and shall not proceed until the driver can do so safely.
   2.  The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a 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.
    Sec. 2.  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 which traffic is 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 colored light shall stop prior to crossing
 
driving across the railroad
 
grade crossing 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
 
train or railroad track equipment.
    Sec. 3.  Section 321.343, subsection 1, Code 2011, is amended to read as follows:
   1.  The driver of a motor vehicle carrying passengers for hire, a school bus, or a vehicle carrying hazardous material and required to stop before crossing
 
driving across a railroad track by motor carrier safety rules adopted under section 321.449, before crossing
 
driving across at grade any track of a railroad, shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail. While stopped, the driver shall listen and look in both directions for an approaching
 
railroad train
 
or railroad track equipment, and for signals indicating the approach of a
 
railroad train
 
or railroad track equipment, and shall not proceed until the driver can do so safely.
    Sec. 4.  Section 321.343, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  If the driver is not always required to stop at a railroad crossing, slow down when approaching the crossing and check that the railroad tracks are clear of an approaching
 
railroad train
 
or railroad track equipment before proceeding.
    Sec. 5.  Section 321.344, subsections 2, 3, and 4, Code 2011, are amended to read as follows:
   2.  Notice of any such
 
the intended crossing shall be given to a superintendent of such
 
the railroad, and a reasonable time
 
shall be given to such
 
the railroad to provide proper protection at such
 
the crossing.
   3.  Before making any such
 
the crossing, the person operating or moving any such
 
the vehicle or equipment shall first stop the same
 
vehicle or equipment not less than ten feet nor more than fifty feet from the nearest rail of such railway
 
the railroad and, while so stopped, shall listen and look in both directions along such
 
the track for any approaching
 
railroad train
 
or railroad track equipment and for signals indicating the approach of a
 
railroad train
 
or railroad track equipment, and shall not proceed until the crossing can be made safely.
   4.  No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car
 
railroad track equipment.
EXPLANATION
   This bill amends Code provisions relating to requirements for drivers of vehicles at railroad grade crossings. The bill provides that in any situation where a driver is required to stop or proceed with caution when given warning of an approaching railroad train or is required to stop or be alert for an approaching railroad train, the requirement also applies in the case of approaching railroad track equipment.
   Pursuant to current law, a person convicted of a railroad crossing violation commits a simple misdemeanor punishable by a scheduled fine of $200.