House File 2537 - Introduced HOUSE FILE 2537 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 210) A BILL FOR An Act relating to motor vehicles that traverse certain 1 railroad grade crossings against a gate or signal, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2107HV (2) 89 th/ns
H.F. 2537 Section 1. Section 321.341, Code 2022, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. For violations of this section 3 that occur at a railroad grade crossing that has a median 4 barrier and that is established as a quiet zone in accordance 5 with 49 C.F.R. pt. 222, subpt. C, the person may attend and 6 successfully complete, at the person’s own expense, a driver 7 improvement program approved by the department in lieu of the 8 fine imposed under section 805.8A, subsection 14, paragraph 9 “h” , subparagraph (2). To be eligible, the person shall notify 10 the clerk of court prior to the date of the person’s court 11 appearance as indicated on the citation that the person intends 12 to attend and successfully complete a driver improvement 13 program, and shall submit to the clerk of court written 14 verification that the person completed the driver improvement 15 program, signed by the instructor of the program, within ninety 16 days of the violation. 17 b. A person who notifies the clerk of court that the person 18 intends to successfully complete a driver improvement program 19 pursuant to paragraph “a” , but who does not submit the required 20 written verification that the person successfully completed the 21 driver improvement program to the clerk of court within ninety 22 days of the violation, shall be assessed the fine described in 23 paragraph “a” on the ninety-first day after the violation. 24 Sec. 2. Section 805.8A, subsection 14, paragraph h, Code 25 2022, is amended to read as follows: 26 h. Railroad crossing violations. 27 (1) For violations under sections 321.341 , 321.342 , 28 321.343 , 321.344 , and 321.344B , the scheduled fine is two 29 hundred sixty dollars. 30 (2) However, for violations of section 321.341 that occur at 31 a railroad grade crossing that has a median barrier and that 32 is established as a quiet zone in accordance with 49 C.F.R. 33 pt. 222, subpt. C, the scheduled fine is five hundred twenty 34 dollars. 35 -1- LSB 2107HV (2) 89 th/ns 1/ 3
H.F. 2537 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 Currently, Code section 321.341 provides that when a person 4 driving a vehicle approaches a railroad grade crossing and 5 a warning is given by automatic signal, crossing gate, or 6 flag person of the immediate approach of a railroad train or 7 railroad track equipment, the driver of the vehicle is required 8 to stop the vehicle within 50 feet but not less than 15 feet 9 from the nearest rail and is prohibited from proceeding until 10 the driver can do so safely. In addition, the driver of a 11 vehicle is required to stop the vehicle and not traverse the 12 railroad grade crossing when the crossing gate is lowered or 13 when a human flagman gives or continues to give a signal of 14 the approach or passage of a railroad train or railroad track 15 equipment. A violation of this provision is punishable by a 16 scheduled fine of $260. 17 This bill provides that when a violation of Code section 18 321.341 occurs at a railroad grade crossing that has a median 19 barrier and that is established as a quiet zone in accordance 20 with federal regulations, the violation is punishable by a 21 scheduled fine of $520. However, the bill allows the person to 22 attend and successfully complete, at the person’s own expense, 23 a driver improvement program approved by the department of 24 transportation in lieu of the fine. To be eligible, the 25 person must notify the clerk of court prior to the date of 26 the person’s court appearance as indicated on the citation 27 that the person intends to attend and successfully complete 28 a driver improvement program, and must submit to the clerk 29 of court written verification that the person completed the 30 driver improvement program, signed by the instructor of the 31 program, within 90 days of the violation. If a person notifies 32 the clerk of court of the person’s intent to complete the 33 driver improvement program but fails to submit the required 34 verification of completion within 90 days, the person must be 35 -2- LSB 2107HV (2) 89 th/ns 2/ 3
H.F. 2537 assessed the $520 fine. 1 -3- LSB 2107HV (2) 89 th/ns 3/ 3