SF 360 (LSB 1730SV (1) 90)

SENATE FILE 360

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 96)

(COMPANION TO HF 204 BY COMMITTEE ON TRANSPORTATION)

A BILL FOR

An Act relating to motor vehicles that traverse certain railroad grade crossings against a gate or signal, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.341, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  a.  For violations of this section that occur at a railroad grade crossing that has a median barrier and that is established as a quiet zone in accordance with 49 C.F.R. pt. 222, subpt. C, the person may attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department in lieu of the fine imposed under section 805.8A, subsection 14, paragraph “h”, subparagraph (2). To be eligible, the person shall notify the clerk of court prior to the date of the person’s court appearance as indicated on the citation that the person intends to attend and successfully complete a driver improvement program, and shall submit to the clerk of court written verification that the person completed the driver improvement program, signed by the instructor of the program, within ninety days of the violation.
   b.  A person who notifies the clerk of court that the person intends to successfully complete a driver improvement program pursuant to paragraph “a”, but who does not submit the required written verification that the person successfully completed the driver improvement program to the clerk of court within ninety days of the violation, shall be assessed the fine described in paragraph “a” on the ninety-first day after the violation.
    Sec. 2.  Section 805.8A, subsection 14, paragraph h, Code 2023, is amended to read as follows:
   h.  Railroad crossing violations.
   (1)  For violations under sections 321.341, 321.342, 321.343, 321.344, and 321.344B, the scheduled fine is two hundred sixty dollars.
   (2)  However, for violations of section 321.341 that occur at a railroad grade crossing that has a median barrier and that is established as a quiet zone in accordance with 49 C.F.R. pt. 222, subpt. C, the scheduled fine is five hundred twenty dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Currently, Code section 321.341 provides that when a person driving a vehicle approaches a railroad grade crossing and a warning is given by automatic signal, crossing gate, or flag person of the immediate approach of a railroad train or railroad track equipment, the driver is required to stop within 50 feet but not less than 15 feet from the nearest rail and is prohibited from proceeding until the driver can do so safely. In addition, the driver is required to stop the vehicle and not traverse the railroad grade crossing when the 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. A violation of this provision is punishable by a scheduled fine of $260.
   This bill provides that when a violation of Code section 321.341 occurs at a railroad grade crossing that has a median barrier and that is established as a quiet zone in accordance with federal regulations, the violation is punishable by a scheduled fine of $520. However, the bill allows the person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department of transportation in lieu of the fine. To be eligible, the person must notify the clerk of court prior to the date of the person’s court appearance that the person intends to attend and successfully complete a driver improvement program, and must submit to the clerk of court written verification that the person completed the program, signed by the instructor of the program, within 90 days of the violation. If a person notifies the clerk of court of the person’s intent to complete the program but fails to submit the required verification of completion within 90 days, the person must be assessed the $520 fine.