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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 254 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR BEAN. |
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| 6 | 6 | | 0744S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To repeal sections 300.295 and 304.035, RSMo, and to enact in lieu thereof two new sections |
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| 9 | 9 | | relating to railroad crossings, with existing penalty provisions. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Sections 300.295 and 304.035, RSMo, are 1 |
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| 13 | 13 | | repealed and two new sections enacted in lieu thereof, to be 2 |
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| 14 | 14 | | known as sections 300.295 and 304.035, to read as follows:3 |
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| 15 | 15 | | 300.295. 1. Whenever any person driving a vehicle 1 |
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| 16 | 16 | | approaches a railroad grade crossing under any of the 2 |
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| 17 | 17 | | circumstances stated in this section, the driver of such 3 |
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| 18 | 18 | | vehicle shall stop within fifty feet but not less than 4 |
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| 19 | 19 | | fifteen feet from the nearest rail of such railroad, and 5 |
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| 20 | 20 | | shall not proceed until he can do so safely. The foregoing 6 |
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| 21 | 21 | | requirements shall apply when: 7 |
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| 22 | 22 | | (1) A clearly visible electric or mechanical signal 8 |
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| 23 | 23 | | device gives warning of the immediate approach of a railroad 9 |
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| 24 | 24 | | train or any on-track equipment; 10 |
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| 25 | 25 | | (2) A crossing gate is lowered or when a human flagman 11 |
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| 26 | 26 | | gives or continues to give a signal of the approach or 12 |
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| 27 | 27 | | passage of a railroad train or any on-track equipment; 13 |
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| 28 | 28 | | (3) An approaching railroad train or any on-track 14 |
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| 29 | 29 | | equipment is plainly visible and is in hazardous proximity 15 |
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| 30 | 30 | | to such crossing. 16 |
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| 31 | 31 | | 2. No person shall drive any vehicle through, around 17 |
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| 32 | 32 | | or under any crossing gate or barrier at a railroad crossing 18 SB 254 2 |
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| 33 | 33 | | while such gate or barrier is closed or is being opened or 19 |
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| 34 | 34 | | closed. 20 |
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| 35 | 35 | | 304.035. 1. When any person driving a vehicle 1 |
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| 36 | 36 | | approaches a railroad grade crossing, the driver of the 2 |
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| 37 | 37 | | vehicle shall operate the vehicle in a manner so he will be 3 |
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| 38 | 38 | | able to stop, and he shall stop the vehicle not less than 4 |
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| 39 | 39 | | fifteen feet and not more than fifty feet from the nearest 5 |
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| 40 | 40 | | rail of the railroad track and shall not proceed until he 6 |
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| 41 | 41 | | can safely do so if: 7 |
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| 42 | 42 | | (1) A clearly visible electric or mechanical signal 8 |
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| 43 | 43 | | device warns of the approach of a railroad train or any on- 9 |
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| 44 | 44 | | track equipment; or 10 |
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| 45 | 45 | | (2) A crossing gate is lowered or when a human flagman 11 |
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| 46 | 46 | | gives or continues to give a signal or warning of the 12 |
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| 47 | 47 | | approach or passage of a railroad train or any on-track 13 |
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| 48 | 48 | | equipment; or 14 |
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| 49 | 49 | | (3) An approaching railroad train or any on-track 15 |
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| 50 | 50 | | equipment is visible and is in hazardous proximity to such 16 |
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| 51 | 51 | | crossing; or 17 |
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| 52 | 52 | | (4) Any other traffic sign, device or any other act, 18 |
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| 53 | 53 | | rule, regulation or statute requires a vehicle to stop at a 19 |
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| 54 | 54 | | railroad grade crossing. 20 |
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| 55 | 55 | | 2. No person shall drive any vehicle through, around 21 |
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| 56 | 56 | | or under any crossing gate or barrier at a railroad crossing 22 |
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| 57 | 57 | | when a train or any on-track equipment is approaching while 23 |
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| 58 | 58 | | such gate or barrier is closed or is being opened or closed. 24 |
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| 59 | 59 | | 3. No person shall drive a vehicle through a railroad 25 |
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| 60 | 60 | | crossing when there is not sufficient space to drive 26 |
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| 61 | 61 | | completely through the crossing. 27 |
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| 62 | 62 | | 4. No person shall drive a vehicle through a railroad 28 |
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| 63 | 63 | | crossing unless such vehicle has sufficient undercarriage 29 SB 254 3 |
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| 64 | 64 | | clearance necessary to prevent the undercarriage of the 30 |
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| 65 | 65 | | vehicle from contacting the railroad crossing. 31 |
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| 66 | 66 | | 5. Every commercial motor vehicle as defined in 32 |
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| 67 | 67 | | section 302.700 shall, upon approaching a railroad grade 33 |
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| 68 | 68 | | crossing, be driven at a rate of speed which will permit 34 |
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| 69 | 69 | | said commercial motor vehicle to be stopped before reaching 35 |
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| 70 | 70 | | the nearest rail of such crossing and shall n ot be driven 36 |
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| 71 | 71 | | upon or over such crossing until due caution has been taken 37 |
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| 72 | 72 | | to ascertain that the course is clear. This section does 38 |
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| 73 | 73 | | not apply to vehicles which are required to stop at railroad 39 |
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| 74 | 74 | | crossings pursuant to section 304.030. 40 |
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| 75 | 75 | | 6. Any person violating the provisions of this section 41 |
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| 76 | 76 | | is guilty of a class C misdemeanor. 42 |
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| 77 | 77 | | |
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