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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1939 By: McCall
AS INTRODUCED
An Act relating to railroads; stating certain
legislative intent; clarifying certain acts by
operators of trains; making certain exceptio ns;
providing penalty; providi ng standards for assessing
penalty; requiring railroads minimize ob struction of
emergency vehicles; repealing 66 O.S. 2021, Section
190, which relates to railcar resting on a railroad
intersection; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 191 of Title 66, unless there is
created a duplication in numbering, reads as follows:
A. It is the intent of the Oklahoma Legislature to address the
dangers associated with trains blocking intersections or street s in
which emergency vehicles could be prohibited from providing critical
access to the citizens of Oklahoma. Therefore, within the defined
limits of any town or municipality, a train or railcar shall only be
brought to a rest in a position which does not obstruct vehicular
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traffic at a railroad intersection with a public highway or st reet,
except when:
1. The train is moving in a continuous forward or backward
direction, or if the train is stopped for an emergency condition,
including an accident, derailment, critical mechanical failure,
track or bridge washout, storm, flood or other emergency situation;
2. A train and its crew, operating under the rules of the
Federal Railroad Administration (F RA), are unable to complete a
switching maneuver while setting out or picking up railcars ;
3. A train is stopped to all ow the passage of a second train,
or if the arrival of the second train is imminent and separation and
coupling of the stopped train would result in further unnecessary
blocking of motor vehicle traffic;
4. A train is stopped for a red train signal ; or
5. A train is cut or separated to prevent blocking of motor
vehicle traffic at a public crossing, and a working charging station
exists, the stoppage required for recoupling a train and performing
air tests as required by the FRA shall not be considered a v iolation
of this section.
B. Municipalities, county sheriffs, and the Oklahoma Highway
Patrol shall have the authority to issue a citation to any person or
corporation that violates a provision of this section. Such person
or corporation shall be subject to a fine not to exceed Five
Thousand Dollars ($5,000.00) for each violation. In determining the
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amount of the fine, the court shall consider the severity of the
violation, whether there is a history of violations by the person or
corporations and whether there were any good-faith efforts to
minimize the severity of the violation.
C. Every railroad shall be operated in such a manner as to
minimize obstruction of emergency vehicles at public highway grade
crossings.
SECTION 2. REPEALER 66 O.S. 2021, Section 190, is hereby
repealed.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6212 JBH 01/18/23