Bill Text: NJ S952 | 2012-2013 | Regular Session | Introduced
Bill Title: Relieves municipalities and counties along light rail lines of civil liability in Quiet Zones under certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-17 - Introduced in the Senate, Referred to Senate Transportation Committee [S952 Detail]
Download: New_Jersey-2012-S952-Introduced.html
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington)
SYNOPSIS
Relieves municipalities and counties along light rail lines of civil liability in Quiet Zones under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning civil liability and supplementing Title 59 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any law, rule, or regulation to the contrary, a municipality which establishes a Quiet Zone along a light rail line in this State shall not be liable in any civil action for damages for personal injuries or property damage resulting from an accident at a railroad crossing or adjacent area within the Quiet Zone nor shall a county be so liable with regard to personal injuries or property damage resulting from an accident at a railroad crossing with a county road or adjacent area within a Quiet Zone, provided that :
a. The Quiet Zone shall be established and maintained in accordance with Part 222 of Title 49 of the Code of Federal Regulations (49 C.F.R. s.222.1 et seq.);
b. The Associate Administrator of the Federal Railroad Administration shall approve the Quiet Zone pursuant to 49 C.F.R. s.222.39; and
c. The Quiet Zone shall otherwise comply with State law and regulation.
Nothing in this section shall be deemed to grant a municipality or county immunity from liability for acts or omissions constituting gross negligence.
2. This act shall take effect immediately.
STATEMENT
This bill, a supplement to the "New Jersey Tort Claims Act," relieves municipalities with Quiet Zones along light rail lines in this State from civil liability for damages for bodily injury or property damage resulting from an accident at a railroad crossing or adjacent area within the Quiet Zones. It also relieves counties from civil liability for such damages resulting from an accident at a railroad crossing with a county road or adjacent area within a Quiet Zone. Quiet Zones are segments of a rail line, within which are situated one or a number of consecutive highway crossings at which locomotive horns are not routinely sounded, and are permitted under federal law and regulations.
In order for a municipality or county to be relieved of civil liability, the following conditions must be met:
· The Quiet Zone shall be established and maintained in accordance with Part 222 of Title 49 of the Code of Federal Regulations (49 C.F.R. s.222.1 et seq.).
· The Associate Administrator of the Federal Railroad Administration shall approve the Quiet Zone pursuant to 49 C.F.R. s.222.39. This approval would typically require safety measures to be implemented in the Quiet Zones such as four quadrant safety gates.
· The Quiet Zone shall otherwise comply with State law and regulation.
Nothing in this bill shall be deemed to grant a municipality or county immunity from liability for acts or omissions constituting gross negligence.
The enactment of this bill would permit municipalities and counties along the River LINE in southern New Jersey (which is subject to Federal Railroad Administration regulation since freight service is also operated on that line) to establish or agree to Quiet Zones without fear of civil liability for railroad crossing accidents within such zones.
