79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3389 SUMMARY

Similar documents
ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING 2013 GENERAL SESSION

IC Chapter 12. School Buses; Fire and Emergency Vehicles

IC Chapter 12. School Buses; Fire and Emergency Vehicles

STATE OF RHODE ISLAND

Oregon Department of Education Salem, Oregon

H 6302 S T A T E O F R H O D E I S L A N D

H 7373 S T A T E O F R H O D E I S L A N D

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3157

IC Chapter 6. Commercial Driver's License

H 7956 SUBSTITUTE A ======== LC005209/SUB A ======== S T A T E O F R H O D E I S L A N D

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

IC Chapter 5. Speed Limits

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3119 SUMMARY

"Semitrailer." A trailer so constructed that some part of its weight rests upon or is carried by the towing vehicle.

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE

75th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2021

School Bus Driver Inservice TITLE OF LESSON: RAIL GRADE CROSSINGS Objectives of Lesson: At the end of this lesson the student will:

TURNS, SIGNALS AND RAILROAD TRACKS

GENERAL ASSEMBLY OF NORTH CAROLINA 1987 SESSION CHAPTER 1112 HOUSE BILL 2489

Hawaii revised vehicle code:

SENATE BILL 1080 AN ACT AMENDING SECTIONS AND , ARIZONA REVISED STATUTES; RELATING TO DRIVER LICENSES.

Senate Bill 1008 Ordered by the Senate June 26 Including Senate Amendments dated April 24 and June 26

Senate Substitute for HOUSE BILL No. 2225

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Referred to Committee on Transportation. SUMMARY Revises provisions governing motor vehicles and off-highway vehicles.

ASSEMBLY, No. 950 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

A34S8. Bill No: Sponsor(s): Date Introduced: April 26, Com mittee: Assembly: Transportation. Senate: Amended during passage: Yes

SENATE AMENDMENTS TO A-ENGROSSED HOUSE BILL 2597

HOUSE OF REPRESENTIVES

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2290

CHAPTER 69 PARKING REGULATIONS

Session of HOUSE BILL No By Committee on Transportation 2-14

Chapter 70 TRAFFIC AND VEHICLES*

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2704 SUMMARY

TR-52-07F. FROM: Bruce D. Little, Senior Transportation Consultant, (303)

A. It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.

Be it enacted by the City Council of the City of Cascade, Iowa that the Cascade Code of Ordinances is amended as follows:

UNOFFICIAL COPY OF SENATE BILL 53 CHAPTER

CHAPTER 69 PARKING REGULATIONS

HOUSE BILL lr0078 A BILL ENTITLED. Vehicle Laws Young Drivers Driving Privileges

P.L. 2007, c.348 Approved January 13, 2008

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL INTRODUCED BY HANNA, MALONEY, KORTZ AND SANKEY, MAY 11, 2017

House Bill 2102 Sponsored by Representative HUFFMAN (Presession filed.)

H 5456 S T A T E O F R H O D E I S L A N D

SENATE, No STATE OF NEW JERSEY. 211th LEGISLATURE INTRODUCED MAY 12, 2005

CORRECTED COPY HOUSE BILL NO. HB0093

HB Introduced by Representatives Townsend, Boyer, Petersen: Allen J, Carter, Cobb, Finchem, Leach, Mesnard, Rivero AN ACT

STOPPING, STANDING OR PARKING PROHIBITED

CHAPTER 77: MOTORIZED GOLF CART AND MINI TRUCK USE ON ROADWAYS

As Reported by the House Local Government Committee. 131st General Assembly Regular Session H. B. No

TITLE 15 MOTOR VEHICLES, TRAFFIC AND PARKING 1 CHAPTER 1 MISCELLANEOUS

Bicycle and Pedestrian Plan 2040

CITY OF MADISON, WISCONSIN

H 5760 S T A T E O F R H O D E I S L A N D

ORDINANCE NO. O-2009-XXX

PROPOSED REGULATION OF THE DEPARTMENT OF MOTOR VEHICLES. LCB File No. R August 31, 2012 October 15, 2012

CHAPTER 33 RULES OF THE ROAD IN GENERAL

ARTICLE VI. (ALL-TERRAIN VEHICLES AND UTILITY TYPE VEHICLES)

Support: The Crossbuck (R15-1) sign assigns right-of-way to rail traffic at a highway-rail grade crossing.

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

CHAPTER 71: TRAFFIC REGULATIONS

340 MISCELLANEOUS DRIVING RULES

GARWIN, IOWA CHAPTER 62 CHAPTER 62 GENERAL PROVISIONS

DEMERIT POINT PROGRAM AND SERVICE OF DOCUMENTS REGULATION

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Section 09: Commercial Driver s License. Minnesota Trucking Regulations

Chapter 390 LICENSING REQUIREMENTS. ARTICLE I Operator's Licenses Section Driving While License Suspended or Revoked.

DIMENSIONS AND WEIGHT

CHAPTER 331 Operation Generally Driving upon right side of Driving onto roadway

A Bill Regular Session, 2017 HOUSE BILL 1882

Statutory Speed Limit: 70 MPH on interstate and controlled access highways 1 ''32:61(B) &

SENATE BILL 265 A BILL ENTITLED. Vehicle Laws Young Drivers Driving Privileges

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

REPORTS OF STANDING COMMITTEES. The Committee on Judiciary recommends HB 2104 be amended on page 6, following line

TITLE VII: TRAFFIC CODE 70.GENERAL PROVISIONS 71.TRAFFIC RULES 72.PARKING REGULATIONS

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY ARGALL, SCAVELLO, BOSCOLA, SCHWANK, STEFANO, CORMAN AND HUGHES, APRIL 21, 2015

House Bill 2638 Ordered by the House March 10 Including House Amendments dated March 10

CHAPTER 14 TRAFFIC CODE THE MINNESOTA HIGHWAY TRAFFIC REGULATION ACT.

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Applicable California Vehicle Code Sections, 2015 Edition

ENROLLED ACT NO. 56, HOUSE OF REPRESENTATIVES SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING 2018 BUDGET SESSION

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 4036

ASSEMBLY, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED JANUARY 27, 2014

CHAPTER 3 BICYCLES PART1 GENERAL REGULATIONS

GREAT 4-H DEBATE BILL 2 (09) TEEN GRADUTED LICENSE BEHIND THE WHEEL PRACTICE TIME T0 RECEIVE A LICENSE WILL BE REDUCED.

SENATE, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED JUNE 27, 2016

62nd Legislature AN ACT ENCOURAGING DUI COURT PARTICIPATION; REVISING PENALTIES FOR DRIVING UNDER THE

PROPOSED REGULATION OF THE DEPARTMENT OF MOTOR VEHICLES. LCB File No. R February 4, 2016

1 HB By Representatives Whorton (R), Pettus and Hanes. 4 RFD: Public Safety and Homeland Security. 5 First Read: 30-JAN-18.

MISSISSIPPI LEGISLATURE REGULAR SESSION 2002

City of Richmond Golf Cart Ordinance Frequently Asked Questions ( p. 1-2) & Rules (p. 3-5)

6-8-1: NONHIGHWAY VEHICLES ALLOWED: 6-8-2: DEFINITIONS: 6-8-3: RULES AND REGULATIONS:

Referred to Committee on Transportation. SUMMARY Revises provisions governing mopeds. (BDR 43-12)

APPENDIX I Motor Vehicle Point and Surcharge Regulations CHAPTER 19. COMPLIACE AND SAFETY

Ì868984eÎ The Committee on Rules (Brandes) recommended the following:

CHAPTER 403. HAZARDOUS MATERIAL TRANSPORTATION

Chapter 385 LICENSING REQUIREMENTS. ARTICLE I Operator's Licenses Section Driving While License Suspended or Revoked.

SECTION ONE: ADMINISTRATION AUTHORITY PARKING REGULATIONS DISABLED PARKING PARKING CITATION AUTHORITY...

Transcription:

th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session Sponsored by Representative WITT House Bill SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor s brief statement of the essential features of the measure as introduced. Expands criteria for traffic offenses related to rail crossings and adds requirement for drivers to stop for approaching on-track equipment. 0 0 A BILL FOR AN ACT Relating to conduct of drivers near rail crossings; creating new provisions; and amending ORS 0.,.,.0,.,.,.0 and.. Be It Enacted by the People of the State of Oregon: SECTION. ORS. is amended to read:.. () A person commits the offense of failure to stop for a railroad signal if the person fails to comply with any of the following requirements: (a) A person who is driving a vehicle must stop the vehicle at a clearly marked stop line on the near side of a railroad crossing or, if there is no clearly marked stop line, not less than feet nor more than 0 feet from the nearest rail of the crossing under any of the following circumstances: (A) When a clearly visible electric or mechanical signal is given by a device that warns of the immediate approach of a railroad train or other on-track equipment. (B) Upon the lowering of a crossing gate. (C) When a signal given by a flagger or police officer indicates the approach or passage of a railroad train or other on-track equipment. (D) When an approaching train or other on-track equipment is clearly visible and because of its nearness to the crossing is an immediate hazard. (E) When an audible signal is given by an approaching railroad train or other on-track equipment because its speed or nearness to the crossing is an immediate hazard. (b) A driver who has stopped for the passing of a train or other on-track equipment at a railroad grade crossing in accordance with the provisions of this section [shall] may not proceed across the railroad tracks until the driver can do so safely. (c) A person [shall] may not drive any vehicle through, around or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed. () The offense described in this section, failure to stop for a railroad signal, is a Class B traffic violation. SECTION. ORS.0 is amended to read:.0. () A person commits the offense of failure to follow rail crossing procedures for highrisk vehicles if the person takes any vehicle described in this section across any railroad or rail fixed guideway system tracks at grade without doing all of the following: (a) Stopping the vehicle at a clearly marked stop line or, if there is not a clearly marked stop NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC

HB 0 0 0 line, not less than feet nor more than 0 feet from the nearest rail of the railroad or rail fixed guideway system. (b) While so stopped, listening and looking in both directions along the tracks for approaching trains, other on-track equipment or rail fixed guideway system vehicles and for signals indicating approaching trains, other on-track equipment or rail fixed guideway system vehicles. (c) Proceeding across the tracks after stopping only when such movement can be performed safely in the gear of the motor vehicle that does not require manually changing gears while proceeding. (d) Proceeding across the tracks without manually changing gears. () This section applies to the following vehicles when moved across railroad or rail fixed guideway system tracks: (a) A school bus. (b) A school activity vehicle with a loaded weight of,000 pounds or more. (c) A worker transport bus. (d) Any bus operated for transporting children to and from church or an activity or function authorized by a church. (e) Any vehicle used in the transportation of persons for hire by a nonprofit entity. (f) A commercial bus. (g) A motor vehicle carrying as a cargo or part of a cargo any explosive substance, inflammable liquids, corrosives or similar substances or any cargo that the Department of Transportation determines to be hazardous. For purposes of this paragraph, the department may only determine a substance to be hazardous by rule. Any rules adopted by the department to determine hazardous substances must be consistent with substances classified as hazardous by the United States Secretary of Transportation. (h) A tank vehicle, whether loaded or empty, used for the transportation of any hazardous material. () Exemptions to this section are provided under ORS.. () The offense described in this section, failure to follow rail crossing procedures for high-risk vehicles, is a Class B traffic violation. SECTION. ORS. is amended to read:.. () A person commits the offense of failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment if the person: (a) Is operating a commercial motor vehicle that is not required by ORS.0 to stop before reaching a rail crossing; (b) Is approaching a rail crossing at grade; and (c) Fails to slow down and check that the tracks are clear of an approaching train or other on-track equipment before proceeding across the railroad tracks. () The offense described in this section, failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment, is a Class B traffic violation. SECTION. ORS. is amended to read:.. This section establishes exemptions from the special crossing procedures established for high-risk vehicles under ORS.0. The exemptions are partial or complete as described in the following: []

HB 0 0 0 () The vehicles are not required to comply with the procedures at a crossing of a street or highway and rail fixed guideway system tracks if: (a) The rail fixed guideway system vehicles operate within and parallel to the right of way of a street or highway; and (b) All vehicle movements are controlled by traffic control devices. () The vehicles are not required to comply with the procedures when crossing any railway tracks upon which operation has been abandoned and for which the Department of Transportation has plainly marked that no stop need be made. () The vehicles are not required to comply with the procedures when crossing industry track crossings across which train operations are required by law to be conducted under flag protection. () The vehicles are not required to comply with the procedures when crossing industry track crossings within business districts. () Vehicles are not required to comply with the procedures when crossing any crossing where an officer directs traffic to proceed or where an operating traffic control signal indicates that other traffic may proceed. () Vehicles are not required to comply with the procedures when crossing any crossing protected by crossing gates. The exemption under this subsection does not apply to: (a) School buses or school activity vehicles that are required to stop at crossings with crossing gates under ORS.0; (b) Tank vehicles, whether loaded or empty, used to transport hazardous materials; (c) Vehicles transporting any hazardous material requiring the vehicle to be placarded; or (d) High-risk vehicles described in ORS.0 that are not otherwise described in this subsection, when operating in interstate commerce. () Except when a train, other on-track equipment or rail fixed guideway system vehicle is approaching, the driver of a commercial bus is not required to stop at crossings where the Department of Transportation has determined and plainly marked that no stop need be made. SECTION. ORS.0 is amended to read:.0. () A person commits the offense of improper movement of heavy equipment across a rail crossing if the person operates or moves any equipment described in this section upon or across any tracks at a railroad or rail fixed guideway system grade crossing without complying with any of the following: (a) Before moving across the tracks, the person must give notice of an intended crossing to a responsible officer of the railroad or rail fixed guideway system in time for protection to be given. (b) Where the railroad or rail fixed guideway system has provided a flagger, the person operating or moving such equipment shall obey the direction of the flagger. (c) The person operating or moving such equipment must do all of the following: (A) The person must stop before making the crossing at a clearly marked line or, if there is no clearly marked line, not less than feet nor more than 0 feet from the nearest rail. (B) While so stopped, the person must look and listen in both directions along the tracks for approaching trains or other on-track equipment. (C) The person [shall] may not proceed across the tracks unless the crossing can be made safely. () This section applies to the operation of movement across railroad or rail fixed guideway system tracks of any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of 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 []

HB 0 0 0 event of less than nine inches, measured above the level surface of a roadway. () The offense described in this section, improper movement of heavy equipment across a rail crossing, is a Class B traffic violation. SECTION. ORS 0. is amended to read: 0.. () The driver of a commercial motor vehicle is subject to suspension of the driver s commercial driving privileges upon conviction of any of the following offenses: (a) Failure to stop for a railroad signal in violation of ORS.. (b) Failure to follow rail crossing procedures for high-risk vehicles in violation of ORS.0. (c) Obstructing a rail crossing in violation of ORS.. (d) Failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment in violation of ORS.. () Upon receipt of a record of conviction for an offense described in subsection () of this section, the Department of Transportation shall suspend the convicted person s commercial driving privileges for the following periods of time: (a) Sixty days if: (A) The conviction is the person s first conviction of an offense described in subsection () of this section; or (B) The date the person committed an offense described in subsection () of this section is not within three years of the date the person committed another offense, as described in subsection () of this section and for which there was a conviction. (b) One hundred and twenty days if: (A) The conviction is the person s second conviction of an offense described in subsection () of this section; (B) The date the person committed the second offense is within three years of the date the person committed another offense, as described in subsection () of this section and for which there was a conviction; and (C) The convictions arose out of separate incidents. (c) One year if: (A) The conviction is the person s third or subsequent conviction for an offense described in subsection () of this section; (B) The date the person committed the latest offense is within three years of the dates the person committed two or more other offenses, as described in subsection () of this section and for which there were convictions; and (C) The convictions arose out of separate incidents. () A person is entitled to administrative review under ORS 0.0 of a suspension under this section. () A report of a conviction in another jurisdiction of an offense described in subsection () of this section has the same effect as if the conviction had occurred in this state. () A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 0., 0. or 0.0 if the suspensions do not arise out of the same incident. SECTION. ORS. is amended to read:.. () A person commits the offense of obstructing a rail crossing if the person is operating a vehicle and the person does either of the following: (a) Drives onto any railroad or rail fixed guideway system grade crossing when there is not []

HB sufficient space on the other side of the railroad or rail fixed guideway system grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians, railroad trains, other on-track equipment or rail fixed guideway system vehicles; or (b) While driving a commercial motor vehicle, fails to negotiate the rail crossing because of insufficient undercarriage clearance. () The offense described in this section is applicable whether or not a traffic control device indicates to proceed. () The offense described in this section, obstructing rail crossings, is a Class B traffic violation. SECTION. The amendments to ORS 0.,.,.0,.,.,.0 and. by sections to of this 0 Act apply to conduct occurring on or after the effective date of this 0 Act. []