West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2609
2015 Carryover
(By Delegates Faircloth, Blair, Folk, Householder and Butler)
[Introduced January 13, 2016; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §31‑2A‑2 of the Code of West Virginia, 1931, as amended, relating to prohibiting railroads from blocking crossings on privately owned streets.
Be it enacted by the Legislature of West Virginia:
That §31‑2A‑2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2A. RAILROAD CROSSING.
§31‑2A‑2. Blocking of crossing prohibited; time limit.
(a) It is unlawful for any railroad company, except in an
emergency, to order, allow or permit the operation of or to operate or to so
operate its system so that a train blocks the passage of vehicular traffic over
the railroad crossing of any public street, privately owned street, road
or highway of this state for a period longer than ten minutes. This section
does not apply to an obstruction of any such street, road or highway caused by
a continuously moving train or caused by circumstances wholly beyond the
control of the railroad, but does apply to all other obstructions as aforesaid,
including, but not limited to, those caused by a stopped train or a train
engaged in switching, loading or unloading operations: Provided, That
if any such train is within the jurisdictional limits of any municipality which
now has or hereafter shall have has in force and effect an
ordinance limiting the time a railroad crossing may be blocked by a train, such
the ordinance shall govern, and the provisions of this article shall
are not be applicable.
(b) Upon receiving notification from a law‑enforcement
officer, member of a fire department, operator of an emergency medical vehicle,
or a member of an emergency services provider that emergency circumstances
require the immediate clearing of a public highway railroad grade crossing, the
members of the train crew of the train, railroad car or equipment, or engine
blocking such the crossing shall immediately notify the
appropriate railroad dispatcher of the pending emergency situation. Upon
receipt of notice of such emergency circumstances by the train crew or
dispatcher, the railroad shall immediately clear the crossing, consistent with
the safe operation of the train.
NOTE: The purpose of this bill is to prohibit railroads from blocking crossings on privately owned streets.
Strike‑throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.