II

103D CONGRESS

2D SESSION S. 2127

To improve railroad safety at grade crossings, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 18 (legislative day, MAY 16), 1994

Mr. DANFORTH introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To improve railroad safety at grade crossings, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Railroad Grade Cross5 ing Safety Act of 1994’’.

6 SEC. 2. GRADE CROSSING SIGNAL DEVICES.

7 Section 202 of the Federal Railroad Safety Act of

8 1970 (45 U.S.C. 431) is amended—

9 (1) by redesignating the subsections after the

10 first subsection (r) as subsections (s), (t), (u), and

11 (v), respectively; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(w) GRADE CROSSING SIGNAL DEVICES.—The Sec4 retary shall, within one year after the date of enactment

5 of this subsection, establish nationally uniform standards

6 regarding the allocation of responsibility for selection and

7 installation of signal devices at public railroad-highway

8 grade crossings.’’.

9 SEC. 3. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

10 (a) AMENDMENT OF REGULATIONS.—The Secretary

11 of Transportation shall conduct a rulemaking proceeding

12 to amend the Secretary’s regulations under section

13 500.407 of title 23, Code of Federal Regulations, to re14 quire that each highway safety management system devel15 oped, established, and implemented by a State shall,

16 among countermeasures and priorities established under

17 subsection (b)(2) of that section, include—

18 (1) public railroad-highway grade crossing clo19 sure plans that are aimed at eliminating high-risk or

20 redundant crossings (as defined by the Secretary);

21 and

22 (2) railroad-highway grade crossing policies

23 that limit the creation of new at-grade crossings for

24 vehicle or pedestrian traffic, recreational use, or any

25 other purpose.
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1 (b) DEADLINE.—The Secretary of Transportation

2 shall complete the rulemaking proceeding described in sub3 section (a) and promulgate the required amended regula4 tions, not later than one year after the date of enactment

5 of this Act.

6 SEC. 4. EMERGENCY NOTIFICATION OF GRADE CROSSING

7 PROBLEMS.

8 (a) TOLL FREE TELEPHONE NUMBER.—The Sec9 retary of Transportation shall establish, not later than one

10 year after the date of enactment of this Act, and there11 after maintain an emergency notification system utilizing

12 a toll free ‘‘800’’ telephone number that the public can

13 use to convey to railroads, either directly or through public

14 safety personnel, information about malfunctions or other

15 safety problems at railroad-highway grade crossings. In

16 establishing such emergency notification system, the Sec17 retary may coordinate with, or incorporate components of,

18 existing notification systems.

19 (b) NOTICES TO PUBLIC.—Not later than ninety

20 days after the establishment of the emergency notification

21 system described in subsection (a), the Secretary of Trans22 portation shall promulgate regulations requiring railroads

23 with railroad-highway grade crossings to display publicly

24 at each such crossing, in a manner prescribed by the Sec25 retary, information—
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1 (1) describing the emergency notification sys2 tem;

3 (2) instructing the public how to use the

4 system;

5 (3) stating the toll free telephone number that

6 is available for such use; and

7 (4) specifying the unique number (as assigned

8 by the Secretary) identifying such grade crossing.

9 (c) TREATMENT IN JUDICIAL PROCEEDINGS.—A

10 court shall not hold the Secretary of Transportation or

11 any other Federal official or agency, any State or agency

12 or political subdivision of a State, or any railroad liable

13 for damages caused by an action taken under this section

14 or by failure to perform a duty imposed by this section.

15 No evidence may be introduced in a trial or other judicial

16 proceeding that the emergency notification system re17 quired by this section exists or is relied upon by any gov18 ernmental official or entity or any railroad.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to the Secretary of

21 Transportation for the purpose of carrying out this section

22 $1,000,000 for fiscal year 1995, $500,000 for fiscal year

23 1996, and $500,000 for fiscal year 1997.

24 (e) COST SHARING.—At least 30 percent of the cost

25 of establishing and maintaining the emergency notification
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1 system required by this section shall be provided from non2 Federal sources.

3 SEC. 5. OPERATION LIFESAVER.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Of

5 amounts appropriated to the Secretary of Transportation

6 for railroad research and development, there are author7 ized to be appropriated to the Secretary $300,000 for fis8 cal year 1995, $500,000 for fiscal year 1996, and

9 $750,000 for fiscal year 1997, to support Operation Life10 saver, Inc.

11 (b) PROGRAM REQUIREMENTS.—The Secretary of

12 Transportation shall not provide financial assistance to

13 Operation Lifesaver, Inc., in excess of $150,000 for any

14 fiscal year unless—

15 (1) such excess funding is for the development

16 and implementation of a national, multiyear, multi17 media public information and law enforcement pro18 gram for the reduction of fatalities and serious inju19 ries involving railroad-highway grade crossings and

20 trespassing on railroad rights-of-way and property;

21 and

22 (2) at least 30 percent of the costs of develop23 ing and implementing such program is provided

24 from non-Federal sources, including States and rail25 roads.
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1 SEC. 6. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

2 (a) IN GENERAL.—In implementing the Intelligent

3 Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307

4 note), the Secretary of Transportation shall ensure that

5 the National Intelligent Vehicle-Highway Systems Pro6 gram addresses, in a comprehensive and coordinated man7 ner, the use of intelligent vehicle-highway system tech8 nologies to promote safety at railroad-highway grade

9 crossings. The Secretary of Transportation shall ensure

10 that two or more operational tests funded under such Act

11 shall promote highway traffic safety and railroad safety.

12 SEC. 7. PENALTIES FOR CERTAIN GRADE CROSSING VIOLA13 TIONS.

14 (a) MOTOR VEHICLE VIOLATIONS.—The Secretary of

15 Transportation shall, within six months after the date of

16 enactment of this Act, amend regulations—

17 (1) under the Hazardous Materials Transpor18 tation Act (49 App. U.S.C. 1801 et seq.) to prohibit

19 the driver of motor vehicle transporting hazardous

20 materials in commerce, and

21 (2) under the Motor Carrier Safety Act of 1984

22 (49 App. U.S.C. 2501 et seq.) to prohibit the driver

23 of any commercial motor vehicle,

24 from driving the motor vehicle onto a railroad-highway

25 grade crossing without having sufficient space to drive

26 completely through the crossing without stopping.
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1 (b) VANDALISM; TRESPASSING.—Not later than six

2 months after the date of enactment of this Act, the Sec3 retary of Transportation shall amend the Secretary’s regu4 lations under section 202 of the Federal Railroad Safety

5 Act of 1970 (45 U.S.C. 431) to make subject to a civil

6 penalty under such Act any person who—

7 (1) defaces or disables, or commits any other

8 act that adversely affects the function of, any signal

9 system, sign, or device at a grade crossing; or

10 (2) trespasses on a railroad-owned or railroad11 leased right-of-way, roadbed, or bridge.

12 SEC. 8. VIOLATION OF GRADE CROSSING LAWS AND REGU13 LATIONS.

14 (a) FEDERAL REGULATIONS.—The Commercial

15 Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701

16 et seq.), as amended by subsection (b) of this section, is

17 further amended by adding at the end the following new

18 section:

19 ‘‘SEC. 12022. VIOLATION OF GRADE CROSSING LAWS AND

20 REGULATIONS.

21 ‘‘(a) REGULATIONS.—The Secretary shall issue regu22 lations establishing sanctions and penalties relating to vio23 lations, by persons operating commercial motor vehicles,

24 of laws and regulations pertaining to railroad-highway

25 grade crossings.
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1 ‘‘(b) MINIMUM REQUIREMENTS.—Regulations issued

2 under subsection (a) shall, at a minimum, require that—

3 ‘‘(1) any operator of a commercial motor vehicle

4 who is found to have committed a first violation of

5 a law or regulation pertaining to railroad-highway

6 grade crossings shall be disqualified from operating

7 such a vehicle for a period of not less than ninety

8 days and shall be subject to a civil penalty of not

9 less than $1,000;

10 ‘‘(2) any operator of a commercial motor vehicle

11 who is found to have committed a second violation

12 of such a law or regulation shall be disqualified from

13 operating such a vehicle for a period of not less than

14 one year and not more than five years and shall be

15 subject to a civil penalty of not less than $1,000;

16 and

17 ‘‘(3) any employer that knowingly allows, per18 mits, authorizes, or requires an employee to operate

19 a commercial motor vehicle in violation of such a law

20 or regulation shall be subject to a civil penalty of not

21 more than $10, 000.

22 ‘‘(c) DEADLINE.—The regulations required under

23 subsection (a) shall be issued not later than five years

24 after the date of enactment of this section.’’.
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1 (b) STATE REGULATIONS.—Section 12009(a) of the

2 Commercial Motor Vehicle Safety Act of 1986 (49 App.

3 U.S.C. 2708(a)) is amended—

4 (1) in paragraph (21), by striking ‘‘12020(a)’’

5 and inserting in lieu thereof ‘‘12021(a)’’; and

6 (2) by adding at the end the following new

7 paragraph:

8 ‘‘(22) GRADE CROSSING REGULATIONS.—The

9 State shall adopt and enforce any regulations issued

10 by the Secretary under section 12022.’’.

11 (c) TECHNICAL AMENDMENT.—The Commercial

12 Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701

13 et seq.) is amended by redesignating the second section

14 12020 (as added by section 4009(a) of the Intermodal

15 Surface Transportation Efficiency Act of 1991 (Public

16 Law 102–240; 105 Stat. 2156)) as section 12021.

17 SEC. 9. SAFETY ENFORCEMENT.

18 The National Highway Traffic Safety Administra19 tion, and the Office of Motor Carrier Safety within the

20 Federal Highway Administration, shall on a continuing

21 basis cooperate with the National Association of Gov22 ernors’ Highway Safety Representatives, the Commercial

23 Vehicle Safety Alliance, and Operation Lifesaver, Inc., to

24 improve compliance with and enforcement of laws and reg25 ulations pertaining to reairoad-highway grade crossings.
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