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House File 204 - IntroducedA Bill ForAn Act 1relating to motor vehicles that traverse certain
2railroad grade crossings against a gate or signal, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.341, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 3. a. For violations of this section
4that occur at a railroad grade crossing that has a median
5barrier and that is established as a quiet zone in accordance
6with 49 C.F.R. pt.222, subpt.C, the person may attend and
7successfully complete, at the person’s own expense, a driver
8improvement program approved by the department in lieu of the
9fine imposed under section 805.8A, subsection 14, paragraph
10“h”, subparagraph (2). To be eligible, the person shall notify
11the clerk of court prior to the date of the person’s court
12appearance as indicated on the citation that the person intends
13to attend and successfully complete a driver improvement
14program, and shall submit to the clerk of court written
15verification that the person completed the driver improvement
16program, signed by the instructor of the program, within ninety
17days of the violation.
18b. A person who notifies the clerk of court that the person
19intends to successfully complete a driver improvement program
20pursuant to paragraph “a”, but who does not submit the required
21written verification that the person successfully completed the
22driver improvement program to the clerk of court within ninety
23days of the violation, shall be assessed the fine described in
24paragraph “a” on the ninety-first day after the violation.
25 Sec. 2. Section 805.8A, subsection 14, paragraph h, Code
262023, is amended to read as follows:
27h. Railroad crossing violations.
28(1) For violations under sections 321.341, 321.342,
29321.343, 321.344, and 321.344B, the scheduled fine is two
30hundred sixty dollars.
31(2) However, for violations of section 321.341 that occur at
32a railroad grade crossing that has a median barrier and that
33is established as a quiet zone in accordance with 49 C.F.R.
34pt.222, subpt.C, the scheduled fine is five hundred twenty
35dollars.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4Currently, Code section 321.341 provides that when a person
5driving a vehicle approaches a railroad grade crossing and
6a warning is given by automatic signal, crossing gate, or
7flag person of the immediate approach of a railroad train or
8railroad track equipment, the driver is required to stop within
950 feet but not less than 15 feet from the nearest rail and is
10prohibited from proceeding until the driver can do so safely.
11In addition, the driver is required to stop the vehicle and
12not traverse the railroad grade crossing when the crossing
13gate is lowered or when a human flagman gives or continues to
14give a signal of the approach or passage of a railroad train
15or railroad track equipment. A violation of this provision is
16punishable by a scheduled fine of $260.
17This bill provides that when a violation of Code section
18321.341 occurs at a railroad grade crossing that has a median
19barrier and that is established as a quiet zone in accordance
20with federal regulations, the violation is punishable by a
21scheduled fine of $520. However, the bill allows the person to
22attend and successfully complete, at the person’s own expense,
23a driver improvement program approved by the department of
24transportation in lieu of the fine. To be eligible, the
25person must notify the clerk of court prior to the date of the
26person’s court appearance that the person intends to attend
27and successfully complete a driver improvement program, and
28must submit to the clerk of court written verification that
29the person completed the program, signed by the instructor of
30the program, within 90 days of the violation. If a person
31notifies the clerk of court of the person’s intent to complete
32the program but fails to submit the required verification of
33completion within 90 days, the person must be assessed the $520
34fine.
-2-th/ns
2railroad grade crossings against a gate or signal, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.341, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 3. a. For violations of this section
4that occur at a railroad grade crossing that has a median
5barrier and that is established as a quiet zone in accordance
6with 49 C.F.R. pt.222, subpt.C, the person may attend and
7successfully complete, at the person’s own expense, a driver
8improvement program approved by the department in lieu of the
9fine imposed under section 805.8A, subsection 14, paragraph
10“h”, subparagraph (2). To be eligible, the person shall notify
11the clerk of court prior to the date of the person’s court
12appearance as indicated on the citation that the person intends
13to attend and successfully complete a driver improvement
14program, and shall submit to the clerk of court written
15verification that the person completed the driver improvement
16program, signed by the instructor of the program, within ninety
17days of the violation.
18b. A person who notifies the clerk of court that the person
19intends to successfully complete a driver improvement program
20pursuant to paragraph “a”, but who does not submit the required
21written verification that the person successfully completed the
22driver improvement program to the clerk of court within ninety
23days of the violation, shall be assessed the fine described in
24paragraph “a” on the ninety-first day after the violation.
25 Sec. 2. Section 805.8A, subsection 14, paragraph h, Code
262023, is amended to read as follows:
27h. Railroad crossing violations.
28(1) For violations under sections 321.341, 321.342,
29321.343, 321.344, and 321.344B, the scheduled fine is two
30hundred sixty dollars.
31(2) However, for violations of section 321.341 that occur at
32a railroad grade crossing that has a median barrier and that
33is established as a quiet zone in accordance with 49 C.F.R.
34pt.222, subpt.C, the scheduled fine is five hundred twenty
35dollars.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4Currently, Code section 321.341 provides that when a person
5driving a vehicle approaches a railroad grade crossing and
6a warning is given by automatic signal, crossing gate, or
7flag person of the immediate approach of a railroad train or
8railroad track equipment, the driver is required to stop within
950 feet but not less than 15 feet from the nearest rail and is
10prohibited from proceeding until the driver can do so safely.
11In addition, the driver is required to stop the vehicle and
12not traverse the railroad grade crossing when the crossing
13gate is lowered or when a human flagman gives or continues to
14give a signal of the approach or passage of a railroad train
15or railroad track equipment. A violation of this provision is
16punishable by a scheduled fine of $260.
17This bill provides that when a violation of Code section
18321.341 occurs at a railroad grade crossing that has a median
19barrier and that is established as a quiet zone in accordance
20with federal regulations, the violation is punishable by a
21scheduled fine of $520. However, the bill allows the person to
22attend and successfully complete, at the person’s own expense,
23a driver improvement program approved by the department of
24transportation in lieu of the fine. To be eligible, the
25person must notify the clerk of court prior to the date of the
26person’s court appearance that the person intends to attend
27and successfully complete a driver improvement program, and
28must submit to the clerk of court written verification that
29the person completed the program, signed by the instructor of
30the program, within 90 days of the violation. If a person
31notifies the clerk of court of the person’s intent to complete
32the program but fails to submit the required verification of
33completion within 90 days, the person must be assessed the $520
34fine.
-2-th/ns