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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
H0427|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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 (bc ) 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 (cd ) 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 (de ) 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
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