H. B. 4123
(By Delegates Michael, Stemple, Boggs, Ashley,
Hrutkay, Martin, Swartzmiller, Stalnaker and Evans)
[Introduced January 26, 2006; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §31-2A-2 of the Code of West Virginia,
1931, as amended, relating to allowing police officers,
including Public Service Commission employees, to issue
citations to owners of railroad cars or equipment for blocking
a public highway railroad grade crossing for twenty-five
minutes or more, except when due to mechanical failure or
accident.
Be it enacted by the Legislature of West Virginia:
That §31-2A-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. RAILROAD CROSSING.
§31-2A-2. Blocking of crossing prohibited; time limit.
(a) It is unlawful for any railroad company, except in an
emergency, to order, allow or permit the operation of or to operate or to so operate its system so that a train blocks the passage of
vehicular traffic over the railroad crossing of any public street,
road or highway of this state for a period longer than ten minutes.
This section does not apply to an obstruction of any such street,
road or highway caused by a continuously moving train or caused by
circumstances wholly beyond the control of the railroad, but does
apply to all other obstructions as aforesaid, including, but not
limited to, those caused by a stopped train or a train engaged in
switching, loading or unloading operations:
Provided, That if any
such train is within the jurisdictional limits of any municipality
which now has or hereafter shall have in force and effect an
ordinance limiting the time a railroad crossing may be blocked by
a train, such ordinance shall govern, and the provisions of this
article shall not be applicable.
(b) Upon receiving notification from a law-enforcement
officer, member of a fire department, operator of an emergency
medical vehicle, or a member of an emergency services provider that
emergency circumstances require the immediate clearing of a public
highway railroad grade crossing, the members of the train crew of
the train, railroad car or equipment, or engine blocking such
crossing shall immediately notify the appropriate railroad
dispatcher of the pending emergency situation. Upon receipt of
notice of such emergency circumstances by the train crew or
dispatcher, the railroad shall immediately clear the crossing, consistent with the safe operation of the train.
(c) A law-enforcement officer, including persons employed by
the Public Service Commission as railroad safety inspectors, may
issue a citation of two hundred fifty dollars to the owner of a
train, railroad car or equipment, or engine blocking a public
highway railroad grade crossing for twenty-five minutes or longer:
Provided, That a citation should not issue if the blockage is due
to mechanical failure or an accident.
NOTE: The purpose of this bill is to allow police officers,
including public service commission employees, to issue citations
to owners of railroad cars and equipment for blocking a public
highway railroad grade crossing for twenty-five minutes or more,
except when due to mechanical failure or accident.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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