COMMITTEE SUBSTITUTE
FOR
H. B. 4430
(By Delegates L. Smith, Hall, Warner, Mattaliano, Douglas,
Staton and Boggs)
(Originating in the House Committee on the Judiciary)
[March 2, 2000]
A BILL to amend and reenact sections two and six, article two-a,
chapter thirty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to blocking
emergency medical vehicles at railroad crossings; and
penalties.
Be it enacted by the Legislature of West Virginia:
That sections two and six, article two-a, chapter thirty-one
of the code of West Virginia, one thousand nine hundred thirty-one,
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 shall be 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.
§31-2A-6. Fines and penalties.
(a) If any Any railroad company, carrier or railroad shall violate violating the provisions of this article it shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than fifty dollars subsection (a), section two of this article
is guilty of misdemeanor and, upon conviction thereof, shall be
fined not less than one hundred fifty dollars; upon a second
conviction occurring at the same crossing within one year
thereafter, shall be fined not less than two hundred fifty dollars;
and upon a third or subsequent conviction occurring at the same
crossing within one year after the first conviction, shall be fined
not less than three hundred fifty dollars.
(b) Any railroad company, carrier or railroad violating the
provisions of subsection (b), section two of this article is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than one thousand dollars; upon a second conviction occurring
at the same crossing within one year thereafter, shall be fined not
less than two thousand five hundred dollars; and upon a third or
subsequent conviction occurring at the same crossing within one
year after the first conviction, shall be fined not less than five
thousand dollars.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.