House File 197 - Introduced HOUSE FILE 197 BY WESSEL-KROESCHELL A BILL FOR An Act relating to signals at certain railroad grade crossings. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1856YH (2) 90 th/ns
H.F. 197 Section 1. Section 321.342, subsection 2, Code 2023, is 1 amended to read as follows: 2 2. The department, city , or county shall be required to 3 post the standard sign as prescribed by the manual on uniform 4 traffic-control devices adopted by the department pursuant to 5 section 321.252 in advance of each railroad grade crossing to 6 warn the motorist that the motorist is approaching a railroad 7 grade crossing. Upon properly posting all railroad grade 8 crossings within its jurisdiction , placing crossing signals 9 if required in accordance with section 327G.15, and upon 10 implementing the standards established in accordance with 11 section 307.26 , the department, city, or county shall not have 12 any other affirmative duty to warn a motor vehicle operator 13 approaching or at the railroad grade crossing. 14 Sec. 2. Section 327G.15, subsection 1, Code 2023, is amended 15 to read as follows: 16 1. Wherever a railway track crosses or shall hereafter cross 17 a highway, street or alley, the railway corporation owning such 18 track and the The department, in the case of primary highways 19 crossed by railway tracks , the board of supervisors of the 20 county in which such a crossing is located, in the case of 21 secondary roads crossed by railway tracks , or the city council 22 of the city in which a crossing is located , in the case of 23 streets and alleys located crossed by railway tracks within 24 a city, may agree with the railway corporation owning such 25 tracks upon the location, manner, vacation, physical structure, 26 characteristics , and maintenance of the crossing and flasher 27 lights crossing signals or gate arm signals at the crossing 28 and allocation of costs thereof. The department shall become 29 a party to the agreement if grade crossing safety funds fund 30 moneys are to be used. Up to seventy-five percent of the 31 maintenance cost of flasher lights crossing signals or gate arm 32 signals at the crossing and an unlimited portion of the cost of 33 installing flasher lights crossing signals or gate arm signals 34 at the crossing may be paid from the grade crossing safety 35 -1- LSB 1856YH (2) 90 th/ns 1/ 3
H.F. 197 fund. 1 Sec. 3. Section 327G.15, Code 2023, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 1A. A crossing signal shall be placed by 4 the appropriate entity at every railroad grade crossing where a 5 railway track crosses a paved highway, street, or alley. The 6 crossing signal must be placed so the signal is visible on 7 approach to the crossing from such an intersected roadway. 8 NEW SUBSECTION . 5. For purposes of this section, “crossing 9 signal” means any device, whether manually, electrically, 10 or mechanically operated, capable of displaying a flashing 11 red light, that is placed at a railroad grade crossing and 12 programmed to flash a red light to warn of the immediate 13 approach of a train or railroad track equipment. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 Under current law, wherever a railway track crosses a 18 highway, street, or alley, the railway corporation owning such 19 track and the department of transportation (DOT), in the case 20 of primary highways, the board of supervisors of the county in 21 which such crossing is located, in the case of secondary roads, 22 or the council of the city, in the case of streets and alleys 23 located within a city, may agree upon the location, manner, 24 vacation, physical structure, characteristics, and maintenance 25 of the crossing and flasher lights or gate arm signals at the 26 crossing and allocation of costs thereof. The DOT, city, or 27 county, as applicable, is required to post the standard sign 28 as prescribed by the manual on uniform traffic-control devices 29 adopted by the DOT in advance of each railroad grade crossing 30 to warn a motorist that the motorist is approaching a railroad 31 grade crossing. Upon properly posting all railroad grade 32 crossings within its jurisdiction and implementing standards 33 established by the DOT for modal programs and activities, the 34 DOT, city, or county, as applicable, does not have any other 35 -2- LSB 1856YH (2) 90 th/ns 2/ 3
H.F. 197 affirmative duty to warn a motor vehicle operator approaching 1 or at the railroad grade crossing. 2 This bill requires railroad grade crossings that cross a 3 paved highway, street, or alley to have a crossing signal 4 installed by the appropriate entity. The signal must be placed 5 so it is visible on approach to the crossing from such an 6 intersected roadway. The bill defines “crossing signal” as 7 any device, whether manually, electrically, or mechanically 8 operated, capable of displaying a flashing red light, that is 9 placed at a railway grade crossing and programmed to flash a 10 red light when a train or railroad track equipment approaches 11 the crossing. 12 Under current law, the DOT is required to become a party to 13 a crossing agreement if grade crossing safety fund moneys are 14 to be used, and may contribute from the grade crossing safety 15 fund up to 75 percent of the maintenance cost and an unlimited 16 portion of the installation cost for flasher lights and gate 17 arm signals. The bill extends this funding authorization to 18 installing and maintaining official traffic control signals 19 required under the bill. 20 In accordance with current law, maintenance of flasher 21 lights or gate signals installed or ordered to be installed 22 before July 1, 1973, are assumed wholly by the railroad 23 corporation owning the track. Such flasher lights may not meet 24 the requirements relating to crossing signals and necessary 25 locations for signals under the bill. 26 The bill makes conforming changes to Code section 327G.15. 27 -3- LSB 1856YH (2) 90 th/ns 3/ 3