Bill Text: NH HB1160 | 2022 | Regular Session | Amended

New Hampshire House Bill 1160 (Prior Session Legislation)

Bill Title: Relative to obedience to signals at railroad crossings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-06-29 - Signed by Governor Sununu 06/24/2022; Chapter 257; eff. 8/23/2022 House Journal 14 [HB1160 Detail]

Download: New_Hampshire-2022-HB1160-Amended.html

HB 1160 - AS AMENDED BY THE SENATE

10Mar2022... 0493h

03/31/2022 1207s

2022 SESSION

22-2446

11/08

HOUSE BILL 1160

AN ACT relative to obedience to signals at railroad crossings.

SPONSORS: Rep. O'Brien, Hills. 36

COMMITTEE: Transportation

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ANALYSIS

This bill modifies the circumstances under which certain vehicles must stop at railroad grade crossings.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10Mar2022... 0493h

03/31/2022 1207s 22-2446

11/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to obedience to signals at railroad crossings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Rules of the Road; Obedience to Signal Indicating Approach of Train. Amend RSA 265:48 to read as follows:

265:48 Obedience to Signal Indicating Approach of Train or Other Maintenance of Way On-Track Equipment.

I. 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, and shall not proceed until he or she can do so safely. The foregoing requirements shall apply when:

(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other maintenance of way on-track equipment;

(b) A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or passage of a railroad train or other maintenance of way on-track equipment;

(c) A railroad train or other maintenance of way on-track equipment approaching within approximately 1500 feet of the way crossing emits a signal audible from such distance and such railroad train or other maintenance of way on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;

(d) An approaching railroad train or other maintenance of way on-track equipment is plainly visible and is in hazardous proximity to such crossing.

II. [ No person shall] He or she shall not drive any vehicle through, around, or under any crossing or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

2 Rules of the Road; Certain Vehicles Must Stop at All Railroad Grade Crossings. Amend RSA 265:50, I to read as follows:

I. The driver of any vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train or other maintenance of way on-track equipment, and for signals indicating the approach of a train or other maintenance of way on-track equipment, except as hereinafter provided, and shall not proceed until he or she can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.

3 Rules of the Road; Moving Heavy Equipment at Railroad Grade Crossing. Amend RSA 265:51, III-IV to read as follows:

III. Before making any such crossing the person driving or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train or other maintenance of way on-track equipment and for signals indicating the approach of a train or other maintenance of way on-track equipment, and shall not proceed until the crossing can be made safely.

IV. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car or other maintenance of way on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under his or her direction.

4 Effective Date. This act shall take effect 60 days after its passage.