1998 Legislation
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HOUSE BILL NO. 427 – RR crossing, MV must stop, when

HOUSE BILL NO. 427

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Daily Data Tracking History



H0427........................................................by MR. SPEAKER
                Requested by: Department of Law Enforcement
RAILROAD CROSSINGS - Amends existing law to require that motor vehicles
stop at a railroad crossing where a stop sign is in place and there are no
other mechanical warning signals.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Transp
01/27    Rpt out - rec d/p - to 2nd rdg
01/28    2nd rdg - to 3rd rdg
01/29    3rd rdg - PASSED - 64-5-1
      AYES -- Alexander(Alexander), Alltus, Barraclough, Barrett, Bell,
      Bieter, Bivens, Black(15), Black(23), Boe, Bruneel, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
      Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
      Kjellander, Kunz, Linford, Mader, McKague, Miller, Mortensen,
      Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
      Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman, Tippets,
      Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Callister, Lake, Loertscher, Meyer, Taylor
      Absent and excused -- Deal,
    Floor Sponsor - Kunz
    Title apvd - to Senate
01/30    Senate intro - 1st rdg - to Transp
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne, Twiggs, Wheeler,
      Whitworth
      NAYS--None
      Absent and excused--Richardson, Stennett, Sweeney
    Floor Sponsor - Boatright
    Title apvd - to House
02/09    To enrol
02/10    Rpt enrol - Sp signed
02/11    Pres signed
02/12    To Governor
02/13    Governor signed
         Session Law Chapter 13
         Effective: 07/01/98

Bill Text


H0427

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 427

                                      BY MR. SPEAKER
                       Requested by: Department of Law Enforcement

 1                                        AN ACT
 2    RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-648, IDAHO CODE, TO INCLUDE  A
 3        STOP SIGN LOCATED AT A RAILROAD CROSSING IN THE SUMMARY OF LOCATIONS WHERE
 4        A MOTORIST IS REQUIRED TO STOP FOR A STOP SIGN.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section  49-648, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        49-648.  OBEDIENCE TO SIGNAL INDICATING APPROACH OF  TRAIN.  (1)  Whenever
 9    any person driving a vehicle approaches a railroad grade crossing under any of
10    the  circumstances  stated in this section, the driver shall stop within fifty
11    (50) feet but not less than fifteen (15) feet from the  nearest  rail  of  the
12    railroad,  and shall not proceed until he can do so safely. These requirements
13    shall apply when:
14        (a)   A stop sign is in place and there is an absence of any mechani-
15        cal warning signals;
16        (b)   A clearly visible electric or mechanical signal  device  gives
17        warning of the immediate approach of a railroad train;
18        ( b  c )  A crossing gate is lowered or when a flag-
19        man  gives  or  continues to give a signal of the approach or passage of a
20        railroad train;
21        ( c    d  )  A  railroad  train  approaching  within
22        approximately fifteen hundred (1,500) feet of the highway crossing emits a
23        signal audible from that distance and the railroad train, by reason of its
24        speed or nearness to the crossing, is an immediate hazard;
25        (  d   e )  An approaching railroad train is plainly
26        visible and is in hazardous proximity to the crossing.
27        (2)  No person shall drive any vehicle through, around or under any cross-
28    ing gate or barrier at a railroad crossing while the gate or barrier is closed
29    or is being opened or closed.

Statement of Purpose / Fiscal Impact








    STATEMENT OF PURPOSE 
    RS07308
    
    
    This bill proposes an amendment to include a stop sign located on a railroad right of way as a 
    location where a motorist must stop for a stop sign.
    
    Idaho Code Section 49-807 gives a summary of the locations a motorist is required to stop for a 
    stop sign. This includes stop signs, just before entering a publicly maintained highway 
    intersection, and other locations. In chapter one of the Traffic Code a highway does not include 
    railroad right of ways. Currently, drivers failing to stop at a posted railroad right of way may be 
    charged with failure to obey a traffic control device; however, it is believed a more accurate 
    charge would be a stop sign violation.
    
    
                               FISCAL IMPACT
    
    No fiscal impact is anticipated, as the bill does not increase the number of chargeable violations 
    or change the responsibilities of any law enforcement agency.
    
    CONTACT
    Name: Col. E. D. Strickfaden
    Agency: Department of Law Enforcement, Idaho State Police
    Phone 884-7203
    Statement of Purpose/Fiscal Impact
    
    H 427