Bill Text: IA HF210 | 2021-2022 | 89th General Assembly | Introduced


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.(See HF 2537.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-03-15 - Withdrawn. H.J. 581. [HF210 Detail]

Download: Iowa-2021-HF210-Introduced.html
House File 210 - Introduced HOUSE FILE 210 BY SORENSEN 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 2107YH (2) 89 th/ns
H.F. 210 Section 1. Section 321.341, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. For violations of this section that 3 occur at a railroad grade crossing that has a median barrier 4 and that is established as a quiet zone in accordance with 5 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 Sec. 2. Section 805.8A, subsection 14, paragraph h, Code 18 2021, is amended to read as follows: 19 h. Railroad crossing violations. 20 (1) For violations under sections 321.341 , 321.342 , 21 321.343 , 321.344 , and 321.344B , the scheduled fine is two 22 hundred sixty dollars. 23 (2) However, for violations of section 321.341 that occur at 24 a railroad grade crossing that has a median barrier and that 25 is established as a quiet zone in accordance with 49 C.F.R. 26 pt. 222, subpt. C, the scheduled fine is five hundred twenty 27 dollars. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 Currently, Code section 321.341 provides that when a person 32 driving a vehicle approaches a railroad grade crossing and 33 a warning is given by automatic signal, crossing gate, or 34 flag person of the immediate approach of a railroad train or 35 -1- LSB 2107YH (2) 89 th/ns 1/ 2
H.F. 210 railroad track equipment, the driver of the vehicle is required 1 to stop the vehicle within 50 feet but not less than 15 feet 2 from the nearest rail and is prohibited from proceeding until 3 the driver can do so safely. In addition, the driver of a 4 vehicle is required to stop the vehicle and not traverse the 5 railroad grade crossing when the crossing gate is lowered or 6 when a human flagman gives or continues to give a signal of 7 the approach or passage of a railroad train or railroad track 8 equipment. A violation of this provision is punishable by a 9 scheduled fine of $260. 10 This bill provides that when a violation of Code section 11 321.341 occurs at a railroad grade crossing that has a median 12 barrier and that is established as a quiet zone in accordance 13 with federal regulations, the violation is punishable by a 14 scheduled fine of $520. However, the bill allows the person to 15 attend and successfully complete, at the person’s own expense, 16 a driver improvement program approved by the department of 17 transportation in lieu of the fine. To be eligible, the 18 person must notify the clerk of court prior to the date of 19 the person’s court appearance as indicated on the citation 20 that the person intends to attend and successfully complete a 21 driver improvement program, and must submit to the clerk of 22 court written verification that the person completed the driver 23 improvement program, signed by the instructor of the program, 24 within 90 days of the violation. 25 -2- LSB 2107YH (2) 89 th/ns 2/ 2
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