SF 39 (LSB 1880XS (3) 91)

SENATE FILE 39

BY  SHIPLEY

A BILL FOR

An Act relating to required railway crossing signs, signals, and gate arms.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 327G.2, Code 2025, is amended to read as follows:
   327G.2  Crossings —— signs, gate arms, and signals.
   1.  Every Notwithstanding the requirements under section 327G.15, every railroad corporation constructing or operating a railway shall make and construct at all points where such railway crosses any public road good, sufficient, and safe crossings, and erect at such points, at a sufficient elevation from such road as to admit a free passage of vehicles of every kind, a sign at least two signs with large and distinct letters placed thereon, and install a sufficient number of gate arms, gate arm signals, and crossing signal lights designed to flash when a train approaches a crossing, to give notice of the proximity of the railway, and warn persons of the necessity of looking out for trains.  The railroad corporation is responsible for all costs associated with complying with this subsection.
   2.  Any railway company railroad corporation neglecting or refusing to comply with the provisions of this section shall be liable for all damages sustained by reason of such refusal or neglect, and it shall only be necessary, in order to recover, for the injured party to prove such neglect or refusal.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, wherever a railway track crosses a highway, street, or alley, the railroad corporation owning such track and the applicable governmental entity with jurisdiction over the crossed highway, street, or alley may agree upon the location, manner, vacation, physical structure, characteristics, and maintenance of the crossing and flasher lights or gate arm signals at the crossing and the allocation of associated costs thereof (Code section 327G.15). In addition, every corporation constructing or operating a railway is required to make and construct at all points where such railway crosses any public road good, sufficient, and safe crossings and erect at such points, at a sufficient elevation from such road as to admit a free passage of vehicles of every kind, a sign with large and distinct letters placed thereon, to give notice of the proximity of the railway, and warn persons of the necessity of looking out for trains.
   This bill requires a railroad corporation constructing or operating a railway to erect at least two such signs, and install a sufficient number of gate arms, gate arm signals, and crossing signal lights designed to flash when a train approaches a crossing, to give notice of the proximity of the railway and warn persons of the necessity of looking out for trains. The bill provides that the railroad corporation is responsible for all associated costs.