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