This document includes House Floor Amendments incorporated into the bill on Tue, Mar 10, 2015 at 8:58 PM by lerror.
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7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions related to railroad
10 crossings.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends provisions related to stopping a vehicle at a railroad grade crossing.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 41-6a-305, as last amended by Laws of Utah 2014, Chapter 39
21 41-6a-1203, as last amended by Laws of Utah 2012, Chapter 135
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 41-6a-305 is amended to read:
25 41-6a-305. Traffic-control signal -- At intersections -- At place other than
26 intersection -- Color of light signal -- Inoperative traffic-control signals -- Affirmative
27 defense.
28 (1) (a) Green, red, and yellow are the only colors that may be used in a traffic-control
29 signal, except for a:
30 (i) pedestrian traffic-control signal that may use white and orange; and
31 (ii) rail vehicle that may use white.
32 (b) Traffic-control signals apply to the operator of a vehicle and to a pedestrian as
33 provided in this section.
34 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), the operator of a vehicle facing a
35 circular green signal may:
36 (A) proceed straight through the intersection;
37 (B) turn right; or
38 (C) turn left.
39 (ii) The operator of a vehicle facing a circular green signal, including an operator
40 turning right or left:
41 (A) shall yield the right-of-way to other vehicles and to pedestrians lawfully within the
42 intersection or an adjacent crosswalk at the time the signal is exhibited; and
43 (B) may not turn right or left if a sign at the intersection prohibits the turn.
44 (b) The operator of a vehicle facing a green arrow signal shown alone or in
45 combination with another indication:
46 (i) may cautiously enter the intersection only to make the movement indicated by the
47 arrow or other indication shown at the same time; and
48 (ii) shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk
49 and to other traffic lawfully using the intersection.
50 (c) Unless otherwise directed by a pedestrian traffic-control signal under Section
51 41-6a-306, a pedestrian facing any green signal other than a green turn arrow may proceed
52 across the roadway within any marked or unmarked crosswalk.
53 (3) (a) The operator of a vehicle facing a steady circular yellow or yellow arrow signal
54 is warned that the allowable movement related to a green signal is being terminated.
55 (b) Unless otherwise directed by a pedestrian traffic-control signal under Section
56 41-6a-306, a pedestrian facing a steady circular yellow or yellow arrow signal is advised that
57 there is insufficient time to cross the roadway before a red indication is shown, and a pedestrian
58 may not start to cross the roadway.
59 (4) (a) Except as provided in Subsection (4)(c), the operator of a vehicle facing a
60 steady circular red or red arrow signal:
61 (i) may not enter the intersection unless entering the intersection to make a movement
62 is permitted by another indication; and
63 (ii) shall stop at a clearly marked stop line, but if none, before entering the marked or
64 unmarked crosswalk on the near side of the intersection and shall remain stopped until an
65 indication to proceed is shown.
66 (b) Unless otherwise directed by a pedestrian traffic-control signal under Section
67 41-6a-306, a pedestrian facing a steady red signal alone may not enter the roadway.
68 (c) (i) (A) The operator of a vehicle facing a steady circular red signal may cautiously
69 enter the intersection to turn right, or may turn left from a one-way street into a one-way street,
70 after stopping as required by Subsection (4)(a).
71 (B) If permitted by a traffic control device on the state highway system, the operator of
72 a vehicle facing a steady red arrow signal may cautiously enter the intersection to turn left from
73 a one-way street into a one-way street after stopping as required by Subsection (4)(a).
74 (ii) The operator of a vehicle under Subsection (4)(c)(i) shall yield the right-of-way to:
75 (A) another vehicle moving through the intersection in accordance with an official
76 traffic-control signal; and
77 (B) a pedestrian lawfully within an adjacent crosswalk.
78 (5) (a) This section applies to a highway or rail line where a traffic-control signal is
79 erected and maintained.
80 (b) Any stop required shall be made at a sign or marking on the highway pavement
81 indicating where the stop shall be made, but, in the absence of any sign or marking, the stop
82 shall be made at the signal.
83 (6) The operator of a vehicle approaching an intersection that has an inoperative
84 traffic-control signal shall:
85 (a) stop before entering the intersection; and
86 (b) yield the right-of-way to any vehicle as required under Section 41-6a-901.
87 (7) (a) For an operator of a motorcycle, moped, or bicycle who is 16 years of age or
88 older, it is an affirmative defense to a violation of Subsection (4)(a) if the operator of a
89 motorcycle, moped, or bicycle facing a steady circular red signal or red arrow:
90 (i) brings the motorcycle, moped, or bicycle to a complete stop at the intersection or
91 stop line;
92 (ii) determines that:
93 (A) the traffic-control signal has not detected the operator's presence by waiting a
94 reasonable period of time of not less than 90 seconds at the intersection or stop line before
95 entering the intersection;
96 (B) no other vehicle that is entitled to have the right-of-way under applicable law is
97 sitting at, traveling through, or approaching the intersection; and
98 (C) no pedestrians are attempting to cross at or near the intersection in the direction of
99 travel of the operator; and
100 (iii) cautiously enters the intersection and proceeds across the roadway.
101 (b) The affirmative defense under this section does not apply at an active railroad grade
102 crossing as defined in Section 41-6a-1005, except as described in Section 41-6a-1203.
103 Section 2. Section 41-6a-1203 is amended to read:
104 41-6a-1203. Railroad grade crossing -- Duty to stop -- Malfunctions and school
105 buses -- Driving through, around, or under gate or barrier prohibited.
106 (1) As used in this section, "active railroad grade crossing" [
107 means the same as that term is defined in Section 41-6a-1005.
108 (2) (a) Whenever a person operating a vehicle approaches a railroad grade crossing, the
109 operator of the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of
110 the railroad track and may not proceed if:
111 [
112 immediate approach of a train;
113 [
114 give a signal of the approach or passage of a train;
115 [
116 crossing emits a signal audible and the train by reason of its speed or nearness to the crossing is
117 an immediate hazard;
118 [
119 crossing; or
120 [
121 crossing.
122 (b) It is an affirmative defense to a violation of Subsection (2)(a) if the operator of a
123 vehicle, facing a clearly visible electric or mechanical signal device described in Subsection
124 (2)(a)(i):
125 (i) comes to a complete stop, as described in Subsection (2)(a);
126 (ii) determines that:
127 (A) the crossing gate described in Subsection (2)(a)(ii) has not been lowered or has
128 been raised;
129 (B) no other vehicle that is entitled to have the right-of-way under applicable law is
130 sitting at, traveling through, or approaching the intersection;
131 (C) no train is approaching or passing; and
132 (D) no pedestrians are attempting to cross at or near the intersection in the direction of
133 travel of the operator; and
134 (iii) cautiously enters the intersection and proceeds across the roadway.
134a Ĥ→ (c) A railroad operator or railroad company shall not be liable for damage, injury, or
134b death arising from a vehicle operator's entry into the intersection as described in Subsection
134c (2)(b). ←Ĥ
135 (3) (a) An operator of a vehicle who suspects a false activation or malfunction of a
136 railroad grade crossing signal device where there is no gate or barrier may drive a vehicle
137 through the railroad grade crossing after stopping if:
138 (i) the operator of a vehicle has a clear line of sight of at least one mile of the railroad
139 tracks in all directions;
140 (ii) there is no evidence of an approaching train;
141 (iii) the vehicle can cross over the tracks safely; and
142 (iv) the operator of a school bus is compliant with written district policy.
143 (b) As soon as is reasonably possible, the operator of a school bus shall notify the
144 driver's dispatcher and the dispatcher shall notify the owner of the railroad track where the
145 grade crossing signal device is located of the false activation or malfunction.
146 (4) (a) A person may not drive a vehicle through, around, or under a crossing gate or
147 barrier at a railroad grade crossing if the railroad grade crossing is active.
148 (b) A person may not cause a non-rail vehicle, whether or not occupied, to pass
149 through, around, over, or under or remain on a gate or barrier at a railroad grade crossing if the
150 railroad grade crossing is active.
151 (c) A person may not cause a non-rail vehicle, whether or not occupied, to pass around,
152 through, over, or under or remain in a rail or fixed guideway right-of-way in a manner that
153 would cause a railroad train or other rail vehicle to make contact with the non-rail vehicle.
Legislative Review Note
as of 2-19-15 4:21 PM
Office of Legislative Research and General Counsel