Bill Text: IA SF622 | 2019-2020 | 88th 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. (Formerly SF 295, SF 474.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-01-29 - Subcommittee recommends passage. [SF622 Detail]

Download: Iowa-2019-SF622-Introduced.html
Senate File 622 - Introduced SENATE FILE 622 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 474) (SUCCESSOR TO SF 295) 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 2430SZ (1) 88 ns/rh
S.F. 622 Section 1. Section 321.341, Code 2019, 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” . To be eligible, the person shall notify the clerk of 10 court prior to the date of the person’s court appearance as 11 indicated on the citation that the person intends to attend and 12 successfully complete a driver improvement program, and shall 13 submit to the clerk of court written verification that the 14 person completed the driver improvement program, signed by the 15 instructor of the program, within ninety days of the violation. 16 Sec. 2. Section 805.8A, subsection 14, paragraph h, Code 17 2019, is amended to read as follows: 18 h. Railroad crossing violations. For violations under 19 sections 321.341 , 321.342 , 321.343 , and 321.344 , and 321.344B , 20 the scheduled fine is two hundred dollars. However, for 21 violations of section 321.341 that occur at a railroad grade 22 crossing that has a median barrier and that is established as a 23 quiet zone in accordance with 49 C.F.R. pt. 222, subpt. C, the 24 scheduled fine is four hundred dollars. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 Currently, Code section 321.341 provides that when a person 29 driving a vehicle approaches a railroad grade crossing and 30 a warning is given by automatic signal, crossing gate, or 31 flag person of the immediate approach of a railroad train or 32 railroad track equipment, the driver of the vehicle is required 33 to stop the vehicle within 50 feet but not less than 15 feet 34 from the nearest rail and is prohibited from proceeding until 35 -1- LSB 2430SZ (1) 88 ns/rh 1/ 2
S.F. 622 the driver can do so safely. In addition, the driver of a 1 vehicle is required to stop the vehicle and not traverse the 2 railroad grade crossing when the crossing gate is lowered or 3 when a human flagman gives or continues to give a signal of 4 the approach or passage of a railroad train or railroad track 5 equipment. A violation of this provision is punishable by a 6 scheduled fine of $200. 7 This bill provides that when a violation of Code section 8 321.341 occurs at a railroad grade crossing that has a median 9 barrier and that is established as a quiet zone in accordance 10 with federal regulations, the violation is punishable by a 11 scheduled fine of $400. However, the bill allows the person to 12 attend and successfully complete, at the person’s own expense, 13 a driver improvement program approved by the department of 14 transportation in lieu of the fine. To be eligible, the 15 person must notify the clerk of court prior to the date of 16 the person’s court appearance as indicated on the citation 17 that the person intends to attend and successfully complete a 18 driver improvement program, and must submit to the clerk of 19 court written verification that the person completed the driver 20 improvement program, signed by the instructor of the program, 21 within 90 days of the violation. 22 -2- LSB 2430SZ (1) 88 ns/rh 2/ 2
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