Arizona 2023 Regular Session

Arizona House Bill HB2665 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: railroad grade crossing; on-track equipment State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2665 Introduced by Representatives Longdon: Hernandez A, Hernandez C, Hernandez L, Seaman An Act amending sections 28-851, 28-853 and 28-854, Arizona Revised Statutes; relating to railroad grade crossings. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: railroad grade crossing; on-track equipment
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
11	11	HB 2665
12	12	Introduced by Representatives Longdon: Hernandez A, Hernandez C, Hernandez L, Seaman
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14	14	REFERENCE TITLE: railroad grade crossing; on-track equipment
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40	40	HB 2665
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46	46	Representatives Longdon: Hernandez A, Hernandez C, Hernandez L, Seaman
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64	64	An Act
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68	68	amending sections 28-851, 28-853 and 28-854, Arizona Revised Statutes; relating to railroad grade crossings.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-851, Arizona Revised Statutes, is amended to read: START_STATUTE28-851. Railroad crossing; safety A. Except as provided in subsection B of this section, when a person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and may not proceed if any of the following applies: 1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment. 2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment. 3. A railroad train or other on-track equipment approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such a distance and the railroad train or other on-track equipment is an immediate hazard by reason of its speed or proximity to the crossing. 4. An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing. 5. Any other condition exists that makes it unsafe to proceed through the crossing. B. An operator of a vehicle who suspects a false activation or malfunction of a railroad grade crossing signal device where there is no gate or barrier may proceed through the railroad grade crossing after stopping if all of the following apply: 1. The operator of the vehicle has a clear line of sight of at least one mile of the railroad tracks in all directions. 2. There is no evidence of an approaching train or other on-track equipment. 3. The vehicle may cross over the tracks safely. 4. If the vehicle is a school bus, the operator complies with written district policy. C. An operator of a vehicle may not make a u-turn or turn the vehicle to proceed in the opposite direction on a railroad track or railroad grade crossing. D. A person shall not proceed through, around, over or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed. E. A pedestrian shall not do any of the following: 1. Enter or remain within the area between a railroad track and a railroad sign or signal if the railroad grade crossing is active. 2. Occupy or remain on a railroad grade crossing when the railroad sign or signal is not active except to cross the railroad crossing on a designated walkway. 3. Remain in an area between railroad signs or signals, railroad gates or rail crossing arms if the railroad grade crossing is active. END_STATUTE Sec. 2. Section 28-853, Arizona Revised Statutes, is amended to read: START_STATUTE28-853. Railroad grade crossing; stop required of certain vehicles; other requirements A. Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying any school child or of any vehicle carrying or returning after delivery of explosive substances or flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment and not proceed until the driver can do so safely. After stopping as required by this section and on proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the vehicle for which there is no need to change gears while traversing the crossing and shall not shift gears while crossing the track or tracks. This subsection does not apply at: 1. A crossing where a police officer or a traffic control signal directs traffic to proceed. 2. A street railway grade crossing within a business or residence district. B. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle being driven. C. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle, including a train or a city transit vehicle. END_STATUTE Sec. 3. Section 28-854, Arizona Revised Statutes, is amended to read: START_STATUTE28-854. Railroad grade crossing; moving heavy equipment; exception; definition A. A person shall not operate or move any heavy equipment on or across a track at a railroad grade crossing unless: 1. Notice of the intended crossing is given to a station agent of the railroad. 2. Before making the crossing, the person operating or moving the vehicle or equipment: (a) Stops the vehicle or equipment at least fifteen feet but not more than fifty feet from the nearest rail of the railroad. (b) While so stopped, listens and looks in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment. 3. Does not proceed until the crossing can be made safely. B. A person shall not make a crossing pursuant to this section when a warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car or other on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under the flagman's direction. C. This section does not apply to the normal movement of farm equipment in the regular course of a farm operation. D. For the purposes of this section, "heavy equipment" means any crawler type tractor, steam shovel, derrick, roller or other equipment or structure having a normal operating speed of ten miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches measured above the level surface of a roadway. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 28-851, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE28-851. Railroad crossing; safety
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86	86	A. Except as provided in subsection B of this section, when a person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and may not proceed if any of the following applies:
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88	88	1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment.
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90	90	2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment.
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92	92	3. A railroad train or other on-track equipment approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such a distance and the railroad train or other on-track equipment is an immediate hazard by reason of its speed or proximity to the crossing.
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94	94	4. An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.
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96	96	5. Any other condition exists that makes it unsafe to proceed through the crossing.
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98	98	B. An operator of a vehicle who suspects a false activation or malfunction of a railroad grade crossing signal device where there is no gate or barrier may proceed through the railroad grade crossing after stopping if all of the following apply:
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100	100	1. The operator of the vehicle has a clear line of sight of at least one mile of the railroad tracks in all directions.
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102	102	2. There is no evidence of an approaching train or other on-track equipment.
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104	104	3. The vehicle may cross over the tracks safely.
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106	106	4. If the vehicle is a school bus, the operator complies with written district policy.
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108	108	C. An operator of a vehicle may not make a u-turn or turn the vehicle to proceed in the opposite direction on a railroad track or railroad grade crossing.
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110	110	D. A person shall not proceed through, around, over or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.
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112	112	E. A pedestrian shall not do any of the following:
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114	114	1. Enter or remain within the area between a railroad track and a railroad sign or signal if the railroad grade crossing is active.
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116	116	2. Occupy or remain on a railroad grade crossing when the railroad sign or signal is not active except to cross the railroad crossing on a designated walkway.
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118	118	3. Remain in an area between railroad signs or signals, railroad gates or rail crossing arms if the railroad grade crossing is active. END_STATUTE
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120	120	Sec. 2. Section 28-853, Arizona Revised Statutes, is amended to read:
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122	122	START_STATUTE28-853. Railroad grade crossing; stop required of certain vehicles; other requirements
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124	124	A. Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying any school child or of any vehicle carrying or returning after delivery of explosive substances or flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment and not proceed until the driver can do so safely. After stopping as required by this section and on proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the vehicle for which there is no need to change gears while traversing the crossing and shall not shift gears while crossing the track or tracks. This subsection does not apply at:
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126	126	1. A crossing where a police officer or a traffic control signal directs traffic to proceed.
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128	128	2. A street railway grade crossing within a business or residence district.
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130	130	B. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle being driven.
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132	132	C. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle, including a train or a city transit vehicle. END_STATUTE
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134	134	Sec. 3. Section 28-854, Arizona Revised Statutes, is amended to read:
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136	136	START_STATUTE28-854. Railroad grade crossing; moving heavy equipment; exception; definition
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138	138	A. A person shall not operate or move any heavy equipment on or across a track at a railroad grade crossing unless:
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140	140	1. Notice of the intended crossing is given to a station agent of the railroad.
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142	142	2. Before making the crossing, the person operating or moving the vehicle or equipment:
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144	144	(a) Stops the vehicle or equipment at least fifteen feet but not more than fifty feet from the nearest rail of the railroad.
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146	146	(b) While so stopped, listens and looks in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment.
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148	148	3. Does not proceed until the crossing can be made safely.
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150	150	B. A person shall not make a crossing pursuant to this section when a warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car or other on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under the flagman's direction.
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152	152	C. This section does not apply to the normal movement of farm equipment in the regular course of a farm operation.
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154	154	D. For the purposes of this section, "heavy equipment" means any crawler type tractor, steam shovel, derrick, roller or other equipment or structure having a normal operating speed of ten miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches measured above the level surface of a roadway. END_STATUTE