HB3292 S T&I AM #1 4-7
Casey 7988
The Committee on Transportation and Infrastructure moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad or moving on-track equipment and shall not proceed until he or she can do so safely. The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or on-track equipment;
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or on-track equipment;
(3) A railroad train or on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train or on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard; or
(4) Any approaching railroad train or on-track equipment is plainly visible and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
(c) Any person failing to comply with the requirements of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined $100 or imprisoned confined for not more than 10 days. The commissioner shall promulgate rules to further penalize those convicted of violating this section by levying three points against the violator's driver's license record: Provided, That if the electric or mechanical signal device is malfunctioning, this subsection shall not apply.
(d) For the purpose of this section, the term "on-track equipment" means any tender, motor unit, freight car, passenger car, or other on-track equipment used, operated, or employed and moving upon railroad tracks, including maintenance of way equipment used to inspect, maintain, and repair the rail system.
Adopted
Rejected