Senate File 472 - Reprinted



                                     SENATE FILE       
                                     BY  COMMITTEE ON LABOR AND
                                         BUSINESS RELATIONS

                                         (SUCCESSOR TO SSB 1254)


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring the posting of close=clearance warning devices
  2    along railroad tracks and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 SF 472
  5 dea/cc/26

PAG LIN



  1  1    Section 1.  NEW SECTION.  327F.13  CLOSE=CLEARANCE WARNING
  1  2 DEVICES.
  1  3    1.  The owner of a railroad track shall place a warning
  1  4 device at a location where the close clearance between the
  1  5 track and a building, machinery, trees, brush, or other object
  1  6 is such that the building, machinery, trees, brush, or other
  1  7 object physically impedes a person who is lawfully riding the
  1  8 side of a train in the course of the person's duties in
  1  9 service to a railroad company from clearing the building,
  1 10 machinery, trees, brush, or other object.
  1 11    2.  The warning device shall be placed in a location which
  1 12 provides adequate notice to a person riding the side of a
  1 13 train so that the person may prepare for the close clearance.
  1 14 Any signs posted shall not be a danger to other persons
  1 15 working on the property.
  1 16    3.  Placement of a warning device pursuant to this section
  1 17 does not relieve the owner of a railroad track from any duties
  1 18 required under chapter 317 or section 327F.27.
  1 19    4.  A violation of this section is punishable as a schedule
  1 20 "one" penalty under section 327C.5.
  1 21    5.  This section does not apply to a railroad that operates
  1 22 locomotives powered by overhead or suspended electric power
  1 23 lines.
  1 24    6.  The department of transportation shall adopt rules to
  1 25 implement this section.  Notwithstanding any other provision,
  1 26 the department of transportation shall be allowed to enter any
  1 27 property on which railroad track is located for the purpose of
  1 28 administering and enforcing this section.  Entry upon any
  1 29 private property shall be with knowledge and notice to the
  1 30 property owner.