Bill Text: IA HF2353 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to requirements for drivers of vehicles at railroad grade crossings upon the approach or presence of railroad track equipment, and making a penalty applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-22 - Introduced, referred to Transportation. H.J. 318. [HF2353 Detail]
Download: Iowa-2011-HF2353-Introduced.html
House
File
2353
-
Introduced
HOUSE
FILE
2353
BY
T.
TAYLOR
(COMPANION
TO
LSB
5825SS
BY
HORN)
A
BILL
FOR
An
Act
relating
to
requirements
for
drivers
of
vehicles
at
1
railroad
grade
crossings
upon
the
approach
or
presence
of
2
railroad
track
equipment,
and
making
a
penalty
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
2353
Section
1.
Section
321.341,
Code
2011,
is
amended
to
read
1
as
follows:
2
321.341
Obedience
to
signal
of
indicating
approach
of
3
railroad
train
or
railroad
track
equipment
.
4
1.
When
a
person
driving
a
vehicle
approaches
a
railroad
5
grade
crossing
and
warning
is
given
by
automatic
signal,
6
crossing
gates,
a
flag
person,
or
otherwise
of
the
immediate
7
approach
of
a
railroad
train
or
railroad
track
equipment
,
the
8
driver
of
the
vehicle
shall
stop
within
fifty
feet
but
not
less
9
than
fifteen
feet
from
the
nearest
rail
and
shall
not
proceed
10
until
the
driver
can
do
so
safely.
11
2.
The
driver
of
a
vehicle
shall
stop
and
remain
standing
12
and
not
traverse
such
a
grade
crossing
when
a
crossing
gate
13
is
lowered
or
when
a
human
flagman
gives
or
continues
to
give
14
a
signal
of
the
approach
or
passage
of
a
railroad
train
or
15
railroad
track
equipment
.
16
Sec.
2.
Section
321.342,
subsection
1,
Code
2011,
is
amended
17
to
read
as
follows:
18
1.
The
driver
of
any
vehicle
approaching
a
railroad
grade
19
crossing
across
which
traffic
is
regulated
by
a
stop
sign,
a
20
railroad
sign
directing
traffic
to
stop
,
or
an
official
traffic
21
control
signal
displaying
a
flashing
red
or
steady
circular
red
22
colored
light
shall
stop
prior
to
crossing
driving
across
the
23
railroad
grade
crossing
at
the
first
opportunity
at
either
the
24
clearly
marked
stop
line
or
at
a
point
near
the
crossing
where
25
the
driver
has
a
clear
view
of
the
approaching
railroad
traffic
26
train
or
railroad
track
equipment
.
27
Sec.
3.
Section
321.343,
subsection
1,
Code
2011,
is
amended
28
to
read
as
follows:
29
1.
The
driver
of
a
motor
vehicle
carrying
passengers
for
30
hire,
a
school
bus,
or
a
vehicle
carrying
hazardous
material
31
and
required
to
stop
before
crossing
driving
across
a
railroad
32
track
by
motor
carrier
safety
rules
adopted
under
section
33
321.449
,
before
crossing
driving
across
at
grade
any
track
of
34
a
railroad,
shall
stop
the
vehicle
within
fifty
feet
but
not
35
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2353
less
than
fifteen
feet
from
the
nearest
rail.
While
stopped,
1
the
driver
shall
listen
and
look
in
both
directions
for
an
2
approaching
railroad
train
or
railroad
track
equipment
,
and
for
3
signals
indicating
the
approach
of
a
railroad
train
or
railroad
4
track
equipment
,
and
shall
not
proceed
until
the
driver
can
do
5
so
safely.
6
Sec.
4.
Section
321.343,
subsection
2,
paragraph
a,
Code
7
2011,
is
amended
to
read
as
follows:
8
a.
If
the
driver
is
not
always
required
to
stop
at
a
9
railroad
crossing,
slow
down
when
approaching
the
crossing
and
10
check
that
the
railroad
tracks
are
clear
of
an
approaching
11
railroad
train
or
railroad
track
equipment
before
proceeding.
12
Sec.
5.
Section
321.344,
subsections
2,
3,
and
4,
Code
2011,
13
are
amended
to
read
as
follows:
14
2.
Notice
of
any
such
the
intended
crossing
shall
be
given
15
to
a
superintendent
of
such
the
railroad
,
and
a
reasonable
16
time
shall
be
given
to
such
the
railroad
to
provide
proper
17
protection
at
such
the
crossing.
18
3.
Before
making
any
such
the
crossing
,
the
person
operating
19
or
moving
any
such
the
vehicle
or
equipment
shall
first
stop
20
the
same
vehicle
or
equipment
not
less
than
ten
feet
nor
more
21
than
fifty
feet
from
the
nearest
rail
of
such
railway
the
22
railroad
and
,
while
so
stopped
,
shall
listen
and
look
in
both
23
directions
along
such
the
track
for
any
approaching
railroad
24
train
or
railroad
track
equipment
and
for
signals
indicating
25
the
approach
of
a
railroad
train
or
railroad
track
equipment
,
26
and
shall
not
proceed
until
the
crossing
can
be
made
safely.
27
4.
No
such
crossing
shall
be
made
when
warning
is
given
by
28
automatic
signal
or
crossing
gates
or
a
flagman
or
otherwise
29
of
the
immediate
approach
of
a
railroad
train
or
car
railroad
30
track
equipment
.
31
EXPLANATION
32
This
bill
amends
Code
provisions
relating
to
requirements
33
for
drivers
of
vehicles
at
railroad
grade
crossings.
The
bill
34
provides
that
in
any
situation
where
a
driver
is
required
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to
stop
or
proceed
with
caution
when
given
warning
of
an
1
approaching
railroad
train
or
is
required
to
stop
or
be
alert
2
for
an
approaching
railroad
train,
the
requirement
also
applies
3
in
the
case
of
approaching
railroad
track
equipment.
4
Pursuant
to
current
law,
a
person
convicted
of
a
railroad
5
crossing
violation
commits
a
simple
misdemeanor
punishable
by
a
6
scheduled
fine
of
$200.
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