Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB4150 Amended / Bill

Filed 04/05/2022

                     
 
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SENATE FLOOR VERSION 
April 4, 2022 
AS AMENDED 
 
ENGROSSED HOUSE 
BILL NO. 4150 	By: Luttrell and Frix of the 
House 
 
  and 
 
  Coleman of the Senate 
 
 
 
[ transportation - obedience to signal indicating 
approach of train - requirements for vehicle drivers 
- requirements for bus drivers at railroad crossings 
- effective date ] 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: 
SECTION 1.    AMENDATORY     47 O.S. 2 021, Section 11-701, is 
amended to read as follows: 
Section 11-701. A.  Whenever any person dri ving a vehicle 
approaches a railroad grade crossing under any of the circumstances 
stated in this section, the driver of such vehicle shall stop within 
fifty (50) feet but not less than fifteen (1 5) feet from the nearest 
rail of such railroad, and shall no t proceed until he can do so 
safely.  The foregoing requirements shall apply when: 
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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2.  A crossing gate is lo wered or when 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 (1,500) feet of the 
highway crossing emits a signal audible from such distance and such 
railroad train or other on-track equipment, by reason of its speed 
or nearness to such crossing, is an immediate h azard; 
4.  An approaching railroad train or other on-track equipment is 
plainly visible and is in hazardous p roximity to such crossing; or 
5.  The tracks at the crossing are not clear. 
B.  No person shall drive any vehicle t hrough, around or under 
any crossing gate or barrier at a railroad crossing while such gate 
or barrier is closed or is being opened or closed or fail to obey 
the directions of a law enforce ment officer at the crossing. 
C.  The operator of any Class A, B, o r C commercial vehicle not 
required to stop at all railroad crossings, as prescribed in Sect ion 
11-702 of this title, shall slow down and che ck that the tracks are 
clear of an approaching t rain. 
SECTION 2.    AMENDATORY     47 O.S. 2021, Section 11-702, is 
amended to read as follows: 
Section 11-702. A. The driver of a bus as defined in Section 
1-105 of this title, whether the bus is occupied or unoccupied by 
passengers, shall not cross a railroad track or t racks at grade   
 
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unless the driver stops the bus within fifty (5 0) feet of, and not 
closer than fifteen (15) feet to, the tr acks, listens and looks in 
each direction along the tracks for an approaching train or other 
on-track equipment, and ascertains that n o train or other on-track 
equipment is approaching.  When it i s safe to do so, the driver may 
drive the bus across the tra cks in a gear that permits the bus to 
complete the crossing without a change of gears.  The driver shall 
not shift gears while crossin g the tracks. 
B.  Any commercial motor vehicle as defined in 4 9 C.F.R., 
Section 390.5, shall comply with the railroad cros sing provisions as 
prescribed in 49 C.F.R., Section 392.10. 
SECTION 3.  This act shall become effective November 1, 2022. 
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY 
April 4, 2022 - DO PASS AS AMENDED