H.B. 192

1

VEHICLE SAFETY AT RAILROAD CROSSINGS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Neal B. Hendrickson
5 AN ACT RELATING TO MOTOR VEHICLES; AMENDING THE MINIMUM STOPPING
6 DISTANCE FOR VEHICLES AT RAILROAD CROSSINGS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 41-6-95, as last amended by Chapter 144, Laws of Utah 1996
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 41-6-95 is amended to read:
12 41-6-95. Railroad grade crossing -- Duty to stop -- Malfunctions and school buses --
13 Driving through, around, or under gate or barrier prohibited.
14 (1) Whenever any person driving a vehicle approaches a railroad grade crossing, the
15 driver of the vehicle shall stop within 50 feet but not less than [ten] 15 feet from the nearest
15a h [ track ] RAIL h
16 of the railroad h TRACK h and may not proceed if:
17 (a) a clearly visible electric or mechanical signal device gives warning of the immediate
18 approach of a train;
19 (b) a crossing gate is lowered, or when a human flagman gives or continues to give a
20 signal of the approach or passage of a train;
21 (c) a railroad train approaching within approximately 1,500 feet of the highway crossing
22 emits a signal audible from such distance and the train by reason of its speed or nearness to the
23 crossing is an immediate hazard;
24 (d) an approaching train is plainly visible and is in hazardous proximity to the crossing;
25 or
26 (e) there is any other condition that makes it unsafe to proceed through the crossing.
27 (2) (a) A driver who suspects a false activation or malfunction of a railroad grade crossing

lilac-January 29, 1997

1 signal device may drive a vehicle, including a school bus, through the railroad grade crossing after
2 stopping if:
3 (i) the driver has a clear line of sight of at least one mile of the railroad tracks in all
4 directions;
5 (ii) there is no evidence of an approaching train;
6 (iii) the vehicle can cross over the tracks safely; and
7 (iv) the driver does not violate Subsection (3).
8 (b) As soon as is reasonably possible, the driver of a school bus shall notify the driver's
9 dispatcher and the dispatcher shall notify the owner of the railroad track where the grade crossing
10 signal device is located of the false activation or malfunction.
11 (3) A person may not drive any vehicle through, around, or under any crossing gate or
12 barrier at a railroad crossing while the gates or barrier is closed or is being opened or closed.




Legislative Review Note
as of 11-26-96 12:39 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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