Bill Text: MS HB1234 | 2011 | Regular Session | Engrossed
Bill Title: Railroad crossings; revise laws regarding.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2011-03-01 - Died In Committee [HB1234 Detail]
Download: Mississippi-2011-HB1234-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Transportation
By: Representatives Bell, Sullivan, Ward
House Bill 1234
(As Passed the House)
AN ACT TO AMEND SECTION 37-41-55, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN ADDITIONAL DUTIES FOR DRIVERS OF SCHOOL TRANSPORTATION VEHICLES USED TO TRANSPORT PUPILS UPON APPROACHING ANY RAILROAD CROSSING; TO AMEND SECTION 63-3-1011, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DRIVERS OF MOTOR VEHICLES CARRYING PASSENGERS FOR HIRE OR CARRYING EXPLOSIVES SHALL STOP, LOOK AND LISTEN AT RAILROAD CROSSINGS FOR APPROACHING TRAINS OR MAINTENANCE VEHICLES; TO DELETE THE PROVISION THAT EXEMPTS SUCH VEHICLES FROM BEING REQUIRED TO STOP AT STREET RAILWAY GRADE CROSSINGS WITHIN A BUSINESS OR RESIDENT DISTRICT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-41-55, Mississippi Code of 1972, is amended as follows:
37-41-55. The driver of every school transportation vehicle used to transport pupils, upon approaching any railroad crossing, shall * * * bring the vehicle to a complete stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad and while stopped shall (a) open the service door and driver's window, and (b) listen and look in both directions for (i) approaching trains or any other vehicle that may be operated upon the rails for the purpose of maintenance of the railroad, including, but not limited to, all hi-rail vehicles and on-track maintenance machines and (ii) signals indicating the approach of a train or other vehicle or machine being operated on the rails, and shall not proceed until the driver of the school transportation vehicle has determined that it is safe to proceed. The driver of every school transportation vehicle used to transport pupils, on approaching any highway intersection, shall bring the vehicle to a complete stop and shall not proceed until the driver of the vehicle has determined that it is safe to proceed. Any driver who * * * fails to bring his vehicle to a complete stop and follow the procedures * * * required by this section shall be guilty of a misdemeanor and, upon conviction * * *, shall be fined not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for each such offense.
SECTION 2. Section 63-3-1011, Mississippi Code of 1972, is amended as follows:
63-3-1011. (1) The driver of any motor vehicle carrying passengers for hire, * * * or of any vehicle carrying explosive substances of flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad and while * * * stopped, except as provided in subsection (2) of this section, shall listen and look in both directions along the track for (a) any approaching train or any other vehicle that may be operated upon the rails for the purpose of maintenance of the railroad, including, but not limited to, all hi-rail vehicles and on-track maintenance machines and (b) signals indicating the approach of a train or other vehicle or machine operated on the rails, * * * and shall not proceed until he can do so safely.
(2) No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed.
(3) The driver of every school transportation vehicle used to transport pupils, upon approaching any railroad crossing, must comply with Section 37-41-55.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.
