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