Senator Karen Mayne proposes the following substitute bill:


1     
RAILROAD CROSSING MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill amends traffic code provisions related to railroad grade crossings.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     at a railroad grade crossing, requires a vehicle operator or an operator of certain
14     equipment to stop for on-track equipment in the same manner as for a train; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          41-6a-102, as last amended by Laws of Utah 2020, Chapters 84 and 354
23          41-6a-1203, as last amended by Laws of Utah 2015, Chapter 412
24          41-6a-1205, as last amended by Laws of Utah 2015, Chapter 412
25          41-6a-1206, as last amended by Laws of Utah 2015, Chapter 412
26          63I-1-241, as last amended by Laws of Utah 2020, Chapters 84 and 154
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 41-6a-102 is amended to read:
30          41-6a-102. Definitions.
31          As used in this chapter:
32          (1) "Alley" means a street or highway intended to provide access to the rear or side of
33     lots or buildings in urban districts and not intended for through vehicular traffic.
34          (2) "All-terrain type I vehicle" means the same as that term is defined in Section
35     41-22-2.
36          (3) "Authorized emergency vehicle" includes:
37          (a) fire department vehicles;
38          (b) police vehicles;
39          (c) ambulances; and
40          (d) other publicly or privately owned vehicles as designated by the commissioner of the
41     Department of Public Safety.
42          (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
43          (5) (a) "Bicycle" means a wheeled vehicle:
44          (i) propelled by human power by feet or hands acting upon pedals or cranks;
45          (ii) with a seat or saddle designed for the use of the operator;
46          (iii) designed to be operated on the ground; and
47          (iv) whose wheels are not less than 14 inches in diameter.
48          (b) "Bicycle" includes an electric assisted bicycle.
49          (c) "Bicycle" does not include scooters and similar devices.
50          (6) (a) "Bus" means a motor vehicle:
51          (i) designed for carrying more than 15 passengers and used for the transportation of
52     persons; or
53          (ii) designed and used for the transportation of persons for compensation.
54          (b) "Bus" does not include a taxicab.
55          (7) (a) "Circular intersection" means an intersection that has an island, generally
56     circular in design, located in the center of the intersection where traffic passes to the right of
57     the island.
58          (b) "Circular intersection" includes:
59          (i) roundabouts;
60          (ii) rotaries; and
61          (iii) traffic circles.
62          (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
63     Subsection (17)(d)(i).
64          (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
65     Subsection (17)(d)(ii).
66          (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
67     Subsection (17)(d)(iii).
68          (11) "Commissioner" means the commissioner of the Department of Public Safety.
69          (12) "Controlled-access highway" means a highway, street, or roadway:
70          (a) designed primarily for through traffic; and
71          (b) to or from which owners or occupants of abutting lands and other persons have no
72     legal right of access, except at points as determined by the highway authority having
73     jurisdiction over the highway, street, or roadway.
74          (13) "Crosswalk" means:
75          (a) that part of a roadway at an intersection included within the connections of the
76     lateral lines of the sidewalks on opposite sides of the highway measured from:
77          (i) (A) the curbs; or
78          (B) in the absence of curbs, from the edges of the traversable roadway; and
79          (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
80     included within the extension of the lateral lines of the existing sidewalk at right angles to the
81     centerline; or
82          (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
83     pedestrian crossing by lines or other markings on the surface.
84          (14) "Department" means the Department of Public Safety.
85          (15) "Direct supervision" means oversight at a distance within which:
86          (a) visual contact is maintained; and
87          (b) advice and assistance can be given and received.
88          (16) "Divided highway" means a highway divided into two or more roadways by:
89          (a) an unpaved intervening space;
90          (b) a physical barrier; or
91          (c) a clearly indicated dividing section constructed to impede vehicular traffic.
92          (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
93          (a) has a power output of not more than 750 watts;
94          (b) has fully operable pedals on permanently affixed cranks;
95          (c) is fully operable as a bicycle without the use of the electric motor; and
96          (d) is one of the following:
97          (i) an electric assisted bicycle equipped with a motor or electronics that:
98          (A) provides assistance only when the rider is pedaling; and
99          (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
100     hour;
101          (ii) an electric assisted bicycle equipped with a motor or electronics that:
102          (A) may be used exclusively to propel the bicycle; and
103          (B) is not capable of providing assistance when the bicycle reaches the speed of 20
104     miles per hour; or
105          (iii) an electric assisted bicycle equipped with a motor or electronics that:
106          (A) provides assistance only when the rider is pedaling;
107          (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
108     hour; and
109          (C) is equipped with a speedometer.
110          (18) (a) "Electric personal assistive mobility device" means a self-balancing device
111     with:
112          (i) two nontandem wheels in contact with the ground;
113          (ii) a system capable of steering and stopping the unit under typical operating
114     conditions;
115          (iii) an electric propulsion system with average power of one horsepower or 750 watts;
116          (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
117          (v) a deck design for a person to stand while operating the device.
118          (b) "Electric personal assistive mobility device" does not include a wheelchair.
119          (19) "Explosives" means a chemical compound or mechanical mixture commonly used
120     or intended for the purpose of producing an explosion and that contains any oxidizing and
121     combustive units or other ingredients in proportions, quantities, or packing so that an ignition
122     by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
123     may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
124     capable of producing destructive effects on contiguous objects or of causing death or serious
125     bodily injury.
126          (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
127     implement, for drawing plows, mowing machines, and other implements of husbandry.
128          (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
129     as determined by a tagliabue or equivalent closed-cup test device.
130          (22) "Freeway" means a controlled-access highway that is part of the interstate system
131     as defined in Section 72-1-102.
132          (23) (a) "Golf cart" means a device that:
133          (i) is designed for transportation by players on a golf course;
134          (ii) has not less than three wheels in contact with the ground;
135          (iii) has an unladen weight of less than 1,800 pounds;
136          (iv) is designed to operate at low speeds; and
137          (v) is designed to carry not more than six persons including the driver.
138          (b) "Golf cart" does not include:
139          (i) a low-speed vehicle or an off-highway vehicle;
140          (ii) a motorized wheelchair;
141          (iii) an electric personal assistive mobility device;
142          (iv) an electric assisted bicycle;
143          (v) a motor assisted scooter;
144          (vi) a personal delivery device, as defined in Section 41-6a-1119; or
145          (vii) a mobile carrier, as defined in Section 41-6a-1120.
146          (24) "Gore area" means the area delineated by two solid white lines that is between a
147     continuing lane of a through roadway and a lane used to enter or exit the continuing lane
148     including similar areas between merging or splitting highways.
149          (25) "Gross weight" means the weight of a vehicle without a load plus the weight of
150     any load on the vehicle.
151          (26) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
152          (a) manufactured to meet Federal Motor Vehicle Safety Standards; and
153          (b) equipped with retractable flanged wheels that allow the vehicle to travel on a
154     highway or railroad tracks.
155          [(26)] (27) "Highway" means the entire width between property lines of every way or
156     place of any nature when any part of it is open to the use of the public as a matter of right for
157     vehicular travel.
158          [(27)] (28) "Highway authority" means the same as that term is defined in Section
159     72-1-102.
160          [(28)] (29) (a) "Intersection" means the area embraced within the prolongation or
161     connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
162     of two or more highways that join one another.
163          (b) Where a highway includes two roadways 30 feet or more apart:
164          (i) every crossing of each roadway of the divided highway by an intersecting highway
165     is a separate intersection; and
166          (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
167     every crossing of two roadways of the highways is a separate intersection.
168          (c) "Intersection" does not include the junction of an alley with a street or highway.
169          [(29)] (30) "Island" means an area between traffic lanes or at an intersection for control
170     of vehicle movements or for pedestrian refuge designated by:
171          (a) pavement markings, which may include an area designated by two solid yellow
172     lines surrounding the perimeter of the area;
173          (b) channelizing devices;
174          (c) curbs;
175          (d) pavement edges; or
176          (e) other devices.
177          [(30)] (31) "Lane filtering" means, when operating a motorcycle other than an
178     autocycle, the act of overtaking and passing another vehicle that is stopped in the same
179     direction of travel in the same lane.
180          [(31)] (32) "Law enforcement agency" means the same as that term is as defined in
181     Section 53-1-102.
182          [(32)] (33) "Limited access highway" means a highway:
183          (a) that is designated specifically for through traffic; and
184          (b) over, from, or to which neither owners nor occupants of abutting lands nor other
185     persons have any right or easement, or have only a limited right or easement of access, light,
186     air, or view.
187          [(33)] (34) "Local highway authority" means the legislative, executive, or governing
188     body of a county, municipal, or other local board or body having authority to enact laws
189     relating to traffic under the constitution and laws of the state.
190          [(34)] (35) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
191          (i) is designed to be operated at speeds of not more than 25 miles per hour; and
192          (ii) has a capacity of not more than six passengers, including a conventional driver or
193     fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
194          (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
195          [(35)] (36) "Metal tire" means a tire, the surface of which in contact with the highway
196     is wholly or partly of metal or other hard nonresilient material.
197          [(36)] (37) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
198     seat or saddle that is less than 24 inches from the ground as measured on a level surface with
199     properly inflated tires.
200          (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
201          (c) "Mini-motorcycle" does not include a motorcycle that is:
202          (i) designed for off-highway use; and
203          (ii) registered as an off-highway vehicle under Section 41-22-3.
204          [(37)] (38) "Mobile home" means:
205          (a) a trailer or semitrailer that is:
206          (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
207     place either permanently or temporarily; and
208          (ii) equipped for use as a conveyance on streets and highways; or
209          (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
210     constructed for use as a mobile home, as defined in Subsection [(37)] (38)(a), but that is
211     instead used permanently or temporarily for:
212          (i) the advertising, sale, display, or promotion of merchandise or services; or
213          (ii) any other commercial purpose except the transportation of property for hire or the
214     transportation of property for distribution by a private carrier.
215          [(38)] (39) (a) "Moped" means a motor-driven cycle having:
216          (i) pedals to permit propulsion by human power; and
217          (ii) a motor that:
218          (A) produces not more than two brake horsepower; and
219          (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
220     level ground.
221          (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
222     centimeters and the moped shall have a power drive system that functions directly or
223     automatically without clutching or shifting by the operator after the drive system is engaged.
224          (c) "Moped" does not include:
225          (i) an electric assisted bicycle; or
226          (ii) a motor assisted scooter.
227          [(39)] (40) (a) "Motor assisted scooter" means a self-propelled device with:
228          (i) at least two wheels in contact with the ground;
229          (ii) a braking system capable of stopping the unit under typical operating conditions;
230          (iii) an electric motor not exceeding 2,000 watts;
231          (iv) either:
232          (A) handlebars and a deck design for a person to stand while operating the device; or
233          (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
234     the device;
235          (v) a design for the ability to be propelled by human power alone; and
236          (vi) a maximum speed of 20 miles per hour on a paved level surface.
237          (b) "Motor assisted scooter" does not include:
238          (i) an electric assisted bicycle; or
239          (ii) a motor-driven cycle.
240          [(40)] (41) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that
241     is propelled by electric power obtained from overhead trolley wires, but not operated upon
242     rails.
243          (b) "Motor vehicle" does not include:
244          (i) vehicles moved solely by human power;
245          (ii) motorized wheelchairs;
246          (iii) an electric personal assistive mobility device;
247          (iv) an electric assisted bicycle;
248          (v) a motor assisted scooter;
249          (vi) a personal delivery device, as defined in Section 41-6a-1119; or
250          (vii) a mobile carrier, as defined in Section 41-6a-1120.
251          [(41)] (42) "Motorcycle" means:
252          (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
253     and designed to travel with not more than three wheels in contact with the ground; or
254          (b) an autocycle.
255          [(42)] (43) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized
256     bicycle having:
257          (i) an engine with less than 150 cubic centimeters displacement; or
258          (ii) a motor that produces not more than five horsepower.
259          (b) "Motor-driven cycle" does not include:
260          (i) an electric personal assistive mobility device;
261          (ii) a motor assisted scooter; or
262          (iii) an electric assisted bicycle.
263          [(43)] (44) "Off-highway implement of husbandry" means the same as that term is
264     defined under Section 41-22-2.
265          [(44)] (45) "Off-highway vehicle" means the same as that term is defined under Section
266     41-22-2.
267          (46) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
268     other device operated, alone or coupled with another device, on stationary rails.
269          [(45)] (47) "Operate" means the same as that term is defined in Section 41-1a-102.
270          [(46)] (48) "Operator" means:
271          (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
272          (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
273     vehicle.
274          [(47)] (49) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle
275     is occupied or not.
276          (b) "Park" or "parking" does not include:
277          (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
278     in loading or unloading property or passengers; or
279          (ii) a motor vehicle with an engaged automated driving system that has achieved a
280     minimal risk condition, as those terms are defined in Section 41-26-102.1.
281          [(48)] (50) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
282     Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
283     traffic laws.
284          [(49)] (51) "Pedestrian" means a person traveling:
285          (a) on foot; or
286          (b) in a wheelchair.
287          [(50)] (52) "Pedestrian traffic-control signal" means a traffic-control signal used to
288     regulate pedestrians.
289          [(51)] (53) "Person" means a natural person, firm, copartnership, association,
290     corporation, business trust, estate, trust, partnership, limited liability company, association,
291     joint venture, governmental agency, public corporation, or any other legal or commercial entity.
292          [(52)] (54) "Pole trailer" means a vehicle without motive power:
293          (a) designed to be drawn by another vehicle and attached to the towing vehicle by
294     means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
295          (b) that is ordinarily used for transporting long or irregular shaped loads including
296     poles, pipes, or structural members generally capable of sustaining themselves as beams
297     between the supporting connections.
298          [(53)] (55) "Private road or driveway" means every way or place in private ownership
299     and used for vehicular travel by the owner and those having express or implied permission
300     from the owner, but not by other persons.
301          [(54)] (56) "Railroad" means a carrier of persons or property upon cars operated on
302     stationary rails.
303          [(55)] (57) "Railroad sign or signal" means a sign, signal, or device erected by
304     authority of a public body or official or by a railroad and intended to give notice of the presence
305     of railroad tracks or the approach of a railroad train.
306          [(56)] (58) "Railroad train" means a locomotive propelled by any form of energy,
307     coupled with or operated without cars, and operated upon rails.
308          [(57)] (59) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
309     lawful manner in preference to another vehicle or pedestrian approaching under circumstances
310     of direction, speed, and proximity that give rise to danger of collision unless one grants
311     precedence to the other.
312          [(58)] (60) (a) "Roadway" means that portion of highway improved, designed, or
313     ordinarily used for vehicular travel.
314          (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
315     them are used by persons riding bicycles or other human-powered vehicles.
316          (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
317     a highway includes two or more separate roadways.
318          [(59)] (61) "Safety zone" means the area or space officially set apart within a roadway
319     for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
320     signs as to be plainly visible at all times while set apart as a safety zone.
321          [(60)] (62) (a) "School bus" means a motor vehicle that:
322          (i) complies with the color and identification requirements of the most recent edition of
323     "Minimum Standards for School Buses"; and
324          (ii) is used to transport school children to or from school or school activities.
325          (b) "School bus" does not include a vehicle operated by a common carrier in
326     transportation of school children to or from school or school activities.
327          [(61)] (63) (a) "Semitrailer" means a vehicle with or without motive power:
328          (i) designed for carrying persons or property and for being drawn by a motor vehicle;
329     and
330          (ii) constructed so that some part of its weight and that of its load rests on or is carried
331     by another vehicle.
332          (b) "Semitrailer" does not include a pole trailer.
333          [(62)] (64) "Shoulder area" means:
334          (a) that area of the hard-surfaced highway separated from the roadway by a pavement
335     edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
336     or
337          (b) that portion of the road contiguous to the roadway for accommodation of stopped
338     vehicles, for emergency use, and for lateral support.
339          [(63)] (65) "Sidewalk" means that portion of a street between the curb lines, or the
340     lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
341          [(64)] (66) "Solid rubber tire" means a tire of rubber or other resilient material that
342     does not depend on compressed air for the support of the load.
343          [(65)] (67) "Stand" or "standing" means the temporary halting of a vehicle, whether
344     occupied or not, for the purpose of and while actually engaged in receiving or discharging
345     passengers.
346          [(66)] (68) "Stop" when required means complete cessation from movement.
347          [(67)] (69) "Stop" or "stopping" when prohibited means any halting even momentarily
348     of a vehicle, whether occupied or not, except when:
349          (a) necessary to avoid conflict with other traffic; or
350          (b) in compliance with the directions of a peace officer or traffic-control device.
351          [(68)] (70) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
352     type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
353     the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
354     Section 41-6a-1509.
355          [(69)] (71) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
356     conveyances either singly or together while using any highway for the purpose of travel.
357          [(70)] (72) "Traffic signal preemption device" means an instrument or mechanism
358     designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
359          [(71)] (73) "Traffic-control device" means a sign, signal, marking, or device not
360     inconsistent with this chapter placed or erected by a highway authority for the purpose of
361     regulating, warning, or guiding traffic.
362          [(72)] (74) "Traffic-control signal" means a device, whether manually, electrically, or
363     mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
364          [(73)] (75) (a) "Trailer" means a vehicle with or without motive power designed for
365     carrying persons or property and for being drawn by a motor vehicle and constructed so that no
366     part of its weight rests upon the towing vehicle.
367          (b) "Trailer" does not include a pole trailer.
368          [(74)] (76) "Truck" means a motor vehicle designed, used, or maintained primarily for
369     the transportation of property.
370          [(75)] (77) "Truck tractor" means a motor vehicle:
371          (a) designed and used primarily for drawing other vehicles; and
372          (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
373     tractor.
374          [(76)] (78) "Two-way left turn lane" means a lane:
375          (a) provided for vehicle operators making left turns in either direction;
376          (b) that is not used for passing, overtaking, or through travel; and
377          (c) that has been indicated by a lane traffic-control device that may include lane
378     markings.
379          [(77)] (79) "Urban district" means the territory contiguous to and including any street,
380     in which structures devoted to business, industry, or dwelling houses are situated at intervals of
381     less than 100 feet, for a distance of a quarter of a mile or more.
382          [(78)] (80) "Vehicle" means a device in, on, or by which a person or property is or may
383     be transported or drawn on a highway, except a mobile carrier, as defined in Section
384     41-6a-1120, or a device used exclusively on stationary rails or tracks.
385          Section 2. Section 41-6a-1203 is amended to read:
386          41-6a-1203. Railroad grade crossing -- Duty to stop -- Malfunctions and school
387     buses -- Driving through, around, or under gate or barrier prohibited.
388          (1) As used in this section, "active railroad grade crossing" [has the same meaning as]
389     means the same as that term is defined in Section 41-6a-1005.
390          (2) Whenever a person operating a vehicle approaches a railroad grade crossing, the
391     operator of the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of
392     the railroad track and may not proceed if:
393          (a) a clearly visible electric or mechanical signal device gives warning of the
394     immediate approach of a railroad train or other on-track equipment;
395          (b) a crossing gate is lowered, or when a human flagman gives or continues to give a
396     signal of the approach or passage of a railroad train or other on-track equipment;
397          (c) a railroad train or other on-track equipment approaching within approximately
398     1,500 feet of the highway crossing:
399          (i) emits [a signal audible] an audible signal; and
400          (ii) the railroad train [by reason of its speed or nearness to the crossing is an immediate
401     hazard] or other on-track equipment is an immediate hazard because of the railroad train's or
402     other on-track equipment's speed or proximity to the crossing;
403          (d) an approaching railroad train or other on-track equipment is plainly visible and is in
404     hazardous proximity to the crossing; or
405          (e) there is any other condition that makes it unsafe to proceed through the crossing.
406          (3) (a) An operator of a vehicle who suspects a false activation or malfunction of a
407     railroad grade crossing signal device where there is no gate or barrier may drive a vehicle
408     through the railroad grade crossing after stopping if:
409          (i) the operator of a vehicle has a clear line of sight of at least one mile of the railroad
410     tracks in all directions;
411          (ii) there is no evidence of an approaching railroad train or other on-track equipment;
412          (iii) the vehicle can cross over the tracks safely; and
413          (iv) the operator of a school bus is compliant with written district policy.
414          (b) As soon as is reasonably possible, the operator of a school bus shall notify the
415     driver's dispatcher and the dispatcher shall notify the owner of the railroad track where the
416     grade crossing signal device is located of the false activation or malfunction.
417          (4) (a) A person may not drive a vehicle through, around, or under a crossing gate or
418     barrier at [a railroad grade crossing if the railroad grade crossing is active] an active railroad
419     grade crossing.
420          (b) A person may not cause a non-rail vehicle, whether or not occupied, to pass
421     through, around, over, or under or remain on a gate or barrier at [a railroad grade crossing if the
422     railroad grade crossing is active] an active railroad grade crossing.
423          (c) A person may not cause a non-rail vehicle, whether or not occupied, to pass around,
424     through, over, or under or remain in a rail or fixed guideway right-of-way in a manner that
425     would cause a railroad train or other rail vehicle to make contact with the non-rail vehicle.
426          (5) A violation of this section is an infraction.
427          Section 3. Section 41-6a-1205 is amended to read:
428          41-6a-1205. Railroad grade crossings -- Certain vehicles must stop -- Exceptions
429     -- Rules.
430          (1) An operator of a commercial motor vehicle, as defined under Section 53-3-102,
431     shall upon approaching a railroad grade crossing:
432          (a) [unless Subsection (2) applies] except as provided in Subsection (2), slow down
433     and check that the tracks are clear of an approaching railroad train or other on-track equipment;
434          (b) stop within 50 feet, but not closer than 15 feet, from the nearest rail of the railroad
435     track before reaching the crossing if the tracks are not clear;
436          (c) obey all traffic control devices or the directions of a peace officer, or other crossing
437     official at the crossing; and
438          (d) before proceeding over a railroad grade crossing:
439          (i) ensure that the vehicle has sufficient space to drive completely through a railroad
440     grade crossing without stopping; and
441          (ii) ensure that the vehicle has sufficient undercarriage clearance to safely and
442     completely pass through the crossing.
443          (2) [(a)] Except as provided in Subsection (3), the operator of a vehicle described in 49
444     CFR 392.10:
445          (a) shall stop within 50 feet, but not closer than 15 feet, from the nearest rail of the
446     railroad track before crossing, at grade, any track of a railroad[.];
447          [(b) While stopped, the operator shall look in both directions along the track for any
448     sign of an approaching train and look and listen for signals indicating the approach of any
449     train.]
450          (b) while stopped, shall:
451          (i) look in both directions along the railroad track for:
452          (A) a sign of an approaching railroad train or other on-track equipment; or
453          (B) a signal indicating the approach of a railroad train or other on-track equipment; and
454          (ii) listen for a signal indicating the approach of a railroad train or other on-track
455     equipment;
456          (c) [The operator] may proceed across the railroad track only when [the movement may
457     be made with reasonable safety.] reasonably safe to cross; and
458          [(d) After stopping as required and upon safely proceeding, the operator shall only
459     cross the railroad track in a gear that ensures no necessity for manually changing gears while
460     traversing the crossing. (e) The operator]
461          (d) after stopping and safely proceeding, may not manually shift gears while crossing
462     the railroad track.
463          (3) This section does not apply at a:
464          (a) railroad grade crossing where traffic is controlled by a peace officer or other
465     crossing official;
466          (b) railroad grade crossing where traffic is regulated by a traffic-control signal;
467          (c) railroad grade crossing where a traffic-control device gives notice that the stopping
468     requirements of this section are not applicable; or
469          (d) other railroad grade crossings excluded under 49 CFR 392.10.
470          (4) A violation of this section is an infraction.
471          Section 4. Section 41-6a-1206 is amended to read:
472          41-6a-1206. Railroad crossing duties respecting crawler type tractor, power
473     shovel, derrick, or other equipment or structure.
474          (1) A person may not operate or move the following on or across any tracks at a
475     railroad grade crossing without first complying with this section:
476          (a) a crawler type tractor;
477          (b) a power shovel;
478          (c) a derrick;
479          (d) a roller; or
480          (e) any equipment or structure having:
481          (i) normal operating speed of 10 or less miles per hour; or
482          (ii) a vertical body or load clearance of less than:
483          (A) 1/2 inch per foot of the distance between any two adjacent axles; or
484          (B) in any event, nine inches measured above the level surface of a roadway.
485          [(2) Notice of an intended crossing under this section shall be given to the railroad and
486     a reasonable time shall be given to the railroad to provide proper protection at the crossing.]
487          (2) A person intending to operate or move a vehicle or equipment described in
488     Subsection (1) on or across railroad tracks at a railroad grade crossing shall give to the railroad:
489          (a) notice of the person's intended crossing; and
490          (b) reasonable time to provide proper protection at the railroad grade crossing.
491          (3) [(a)] Before making a crossing under this section [the], a person operating or
492     moving [the] a vehicle or equipment described in Subsection (1):
493          (a) shall first stop within 50 feet but not closer than 15 feet from the nearest rail of the
494     railway[.];
495          [(b) While stopped, the operator of the vehicle shall listen and look in both directions
496     along the track for any approaching train and for signals indicating the approach of a railroad
497     train.]
498          (b) while stopped, shall:
499          (i) look in both directions along the railroad track for:
500          (A) a sign of an approaching railroad train or other on-track equipment; or
501          (B) a signal indicating the approach of a railroad train or other on-track equipment; and
502          (ii) listen for a signal indicating the approach of a railroad train or other on-track
503     equipment; and
504          (c) [The operator] may proceed across the track only when the crossing can be made
505     safely.
506          (4) [The operator of a vehicle] A person operating or moving a vehicle or equipment
507     described in Subsection (1) shall obey all traffic control devices or the directions of a peace
508     officer or other crossing official at the crossing.
509          (5) A violation of this section is an infraction.
510          Section 5. Section 63I-1-241 is amended to read:
511          63I-1-241. Repeal dates, Title 41.
512          (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
513     Rehabilitation Fund, is repealed January 1, 2025.
514          (2) Section 41-3-106, which creates an advisory board related to motor vehicle
515     business regulation, is repealed July 1, 2024.
516          (3) The following subsections addressing lane filtering are repealed on July 1, 2022:
517          (a) Subsection 41-6a-102[(30)](31) that defines "lane filtering";
518          (b) Subsection 41-6a-704(5); and
519          (c) Subsection 41-6a-710(1)(c).
520          (4) Subsection 41-6a-1406(6)(b)(iii), related to the Spinal Cord and Brain Injury
521     Rehabilitation Fund, is repealed January 1, 2025.
522          (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which create the Off-highway Vehicle
523     Advisory Council, are repealed July 1, 2027.
524          (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
525     Fund, is repealed January 1, 2025.