SB766 HFA Holstein #1 3-8 REVISED
Casto 3264
Delegate Holstein moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
No railroad or electric or other railway shall be constructed upon the roadbed of any state road, except to cross the same, nor shall any person, firm, or corporation enter upon or construct any works in or upon such a state road, or lay or maintain thereon or thereunder any drainage, sewer or water pipes, gas pipes, electric conduits or other pipes, nor shall any telephone, telegraph or electric line or power pole, or any other structure whatsoever, be erected upon, in or over any portion of a state road, except under such restrictions, conditions and regulations as may be prescribed by the state Road Commissioner of the Division of Highways. Whenever any railroad or electric or other railway, heretofore or hereafter constructed, shall cross crosses any state road, it shall be required to keep its own roadbed, and the bed of the road or highway at such the crossing, in proper repair, or else to construct and maintain an overhead or undergrade crossing, subject to the approval of the State Road Commissioner; and the Commissioner of the Division of Highways. The tracks of such a railroad or railway at grade crossings shall be so constructed as to give a safe and easy approach to and across the same, and when tracks. When the construction of such these approaches is made necessary by a change in the railroad grade at the grade crossing, the cost shall be upon the railway company. The Commissioner of Highways and all Class I, II, and III railroads shall enter a mutually agreeable memorandum of understanding with each operating railway company detailing a process to coordinate road closures with the Department, communicate plans to the public, including, whenever possible, to provide an alternate entry and exit way when performing maintenance, repairs, and construction when, such maintenance, repairs, and construction are done in the community, both as a matter of public health and to insure the safety of the train crew and other railroad employees, and minimize disruption of such closures.
(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, 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 in force and effect an ordinance limiting the time a railroad crossing may be blocked by a train, such ordinance shall govern, and the provisions of this article shall 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 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.
(c) A railroad company is not liable to any person for any injury that arises out of the person using a railroad crossing at a public street, road, or highway during a lawful parade if the train is stopped and is not blocking or impeding the use of the crossing for the duration of the parade.
Adopted
Rejected