Bill Text: IA HF204 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to motor vehicles that traverse certain railroad grade crossings against a gate or signal, and providing penalties. (Formerly HSB 84.) Effective date: 07/01/2024.

Spectrum: Committee Bill

Status: (Passed) 2024-04-19 - Signed by Governor. H.J. 926. [HF204 Detail]

Download: Iowa-2023-HF204-Introduced.html
House File 204 - Introduced HOUSE FILE 204 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 84) (COMPANION TO SF 96 BY GREEN) A BILL FOR An Act relating to motor vehicles that traverse certain 1 railroad grade crossings against a gate or signal, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1730HV (1) 90 th/ns
H.F. 204 Section 1. Section 321.341, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. For violations of this section 3 that occur at a railroad grade crossing that has a median 4 barrier and that is established as a quiet zone in accordance 5 with 49 C.F.R. pt. 222, subpt. C, the person may attend and 6 successfully complete, at the person’s own expense, a driver 7 improvement program approved by the department in lieu of the 8 fine imposed under section 805.8A, subsection 14, paragraph 9 “h” , subparagraph (2). To be eligible, the person shall notify 10 the clerk of court prior to the date of the person’s court 11 appearance as indicated on the citation that the person intends 12 to attend and successfully complete a driver improvement 13 program, and shall submit to the clerk of court written 14 verification that the person completed the driver improvement 15 program, signed by the instructor of the program, within ninety 16 days of the violation. 17 b. A person who notifies the clerk of court that the person 18 intends to successfully complete a driver improvement program 19 pursuant to paragraph “a” , but who does not submit the required 20 written verification that the person successfully completed the 21 driver improvement program to the clerk of court within ninety 22 days of the violation, shall be assessed the fine described in 23 paragraph “a” on the ninety-first day after the violation. 24 Sec. 2. Section 805.8A, subsection 14, paragraph h, Code 25 2023, is amended to read as follows: 26 h. Railroad crossing violations. 27 (1) For violations under sections 321.341 , 321.342 , 28 321.343 , 321.344 , and 321.344B , the scheduled fine is two 29 hundred sixty dollars. 30 (2) However, for violations of section 321.341 that occur at 31 a railroad grade crossing that has a median barrier and that 32 is established as a quiet zone in accordance with 49 C.F.R. 33 pt. 222, subpt. C, the scheduled fine is five hundred twenty 34 dollars. 35 -1- LSB 1730HV (1) 90 th/ns 1/ 2
H.F. 204 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 Currently, Code section 321.341 provides that when a person 4 driving a vehicle approaches a railroad grade crossing and 5 a warning is given by automatic signal, crossing gate, or 6 flag person of the immediate approach of a railroad train or 7 railroad track equipment, the driver is required to stop within 8 50 feet but not less than 15 feet from the nearest rail and is 9 prohibited from proceeding until the driver can do so safely. 10 In addition, the driver is required to stop the vehicle and 11 not traverse the railroad grade crossing when the crossing 12 gate is lowered or when a human flagman gives or continues to 13 give a signal of the approach or passage of a railroad train 14 or railroad track equipment. A violation of this provision is 15 punishable by a scheduled fine of $260. 16 This bill provides that when a violation of Code section 17 321.341 occurs at a railroad grade crossing that has a median 18 barrier and that is established as a quiet zone in accordance 19 with federal regulations, the violation is punishable by a 20 scheduled fine of $520. However, the bill allows the person to 21 attend and successfully complete, at the person’s own expense, 22 a driver improvement program approved by the department of 23 transportation in lieu of the fine. To be eligible, the 24 person must notify the clerk of court prior to the date of the 25 person’s court appearance that the person intends to attend 26 and successfully complete a driver improvement program, and 27 must submit to the clerk of court written verification that 28 the person completed the program, signed by the instructor of 29 the program, within 90 days of the violation. If a person 30 notifies the clerk of court of the person’s intent to complete 31 the program but fails to submit the required verification of 32 completion within 90 days, the person must be assessed the $520 33 fine. 34 -2- LSB 1730HV (1) 90 th/ns 2/ 2
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