```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2127 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Grade Crossing Safety Act 
of 1994''.

SEC. 2. GRADE CROSSING SIGNAL DEVICES.

    Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431) is amended--
            (1) by redesignating the subsections after the first 
        subsection (r) as subsections (s), (t), (u), and (v), 
        respectively; and
            (2) by adding at the end the following new subsection:
    ``(w) Grade Crossing Signal Devices.--The Secretary shall, within 
one year after the date of enactment of this subsection, establish 
nationally uniform standards regarding the allocation of responsibility 
for selection and installation of signal devices at public railroad-
highway grade crossings.''.

SEC. 3. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

    (a) Amendment of Regulations.--The Secretary of Transportation 
shall conduct a rulemaking proceeding to amend the Secretary's 
regulations under section 500.407 of title 23, Code of Federal 
Regulations, to require that each highway safety management system 
developed, established, and implemented by a State shall, among 
countermeasures and priorities established under subsection (b)(2) of 
that section, include--
            (1) public railroad-highway grade crossing closure plans 
        that are aimed at eliminating high-risk or redundant crossings 
        (as defined by the Secretary); and
            (2) railroad-highway grade crossing policies that limit the 
        creation of new at-grade crossings for vehicle or pedestrian 
        traffic, recreational use, or any other purpose.
    (b) Deadline.--The Secretary of Transportation shall complete the 
rulemaking proceeding described in subsection (a) and promulgate the 
required amended regulations, not later than one year after the date of 
enactment of this Act.

SEC. 4. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

    (a) Toll Free Telephone Number.--The Secretary of Transportation 
shall establish, not later than one year after the date of enactment of 
this Act, and thereafter maintain an emergency notification system 
utilizing a toll free ``800'' telephone number that the public can use 
to convey to railroads, either directly or through public safety 
personnel, information about malfunctions or other safety problems at 
railroad-highway grade crossings. In establishing such emergency 
notification system, the Secretary may coordinate with, or incorporate 
components of, existing notification systems.
    (b) Notices To Public.--Not later than ninety days after the 
establishment of the emergency notification system described in 
subsection (a), the Secretary of Transportation shall promulgate 
regulations requiring railroads with railroad-highway grade crossings 
to display publicly at each such crossing, in a manner prescribed by 
the Secretary, information--
            (1) describing the emergency notification system;
            (2) instructing the public how to use the system;
            (3) stating the toll free telephone number that is 
        available for such use; and
            (4) specifying the unique number (as assigned by the 
        Secretary) identifying such grade crossing.
    (c) Treatment in Judicial Proceedings.--A court shall not hold the 
Secretary of Transportation or any other Federal official or agency, 
any State or agency or political subdivision of a State, or any 
railroad liable for damages caused by an action taken under this 
section or by failure to perform a duty imposed by this section. No 
evidence may be introduced in a trial or other judicial proceeding that 
the emergency notification system required by this section exists or is 
relied upon by any governmental official or entity or any railroad.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for the purpose of 
carrying out this section $1,000,000 for fiscal year 1995, $500,000 for 
fiscal year 1996, and $500,000 for fiscal year 1997.
    (e) Cost Sharing.--At least 30 percent of the cost of establishing 
and maintaining the emergency notification system required by this 
section shall be provided from non-Federal sources.

SEC. 5. OPERATION LIFESAVER.

    (a) Authorization of Appropriations.--Of amounts appropriated to 
the Secretary of Transportation for railroad research and development, 
there are authorized to be appropriated to the Secretary $300,000 for 
fiscal year 1995, $500,000 for fiscal year 1996, and $750,000 for 
fiscal year 1997, to support Operation Lifesaver, Inc.
    (b) Program Requirements.--The Secretary of Transportation shall 
not provide financial assistance to Operation Lifesaver, Inc., in 
excess of $150,000 for any fiscal year unless--
            (1) such excess funding is for the development and 
        implementation of a national, multiyear, multimedia public 
        information and law enforcement program for the reduction of 
        fatalities and serious injuries involving railroad-highway 
        grade crossings and trespassing on railroad rights-of-way and 
        property; and
            (2) at least 30 percent of the costs of developing and 
        implementing such program is provided from non-Federal sources, 
        including States and railroads.

SEC. 6. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

    (a) In General.--In implementing the Intelligent Vehicle-Highway 
Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of 
Transportation shall ensure that the National Intelligent Vehicle-
Highway Systems Program addresses, in a comprehensive and coordinated 
manner, the use of intelligent vehicle-highway system technologies to 
promote safety at railroad-highway grade crossings. The Secretary of 
Transportation shall ensure that two or more operational tests funded 
under such Act shall promote highway traffic safety and railroad 
safety.

SEC. 7. PENALTIES FOR CERTAIN GRADE CROSSING VIOLATIONS.

    (a) Motor Vehicle Violations.--The Secretary of Transportation 
shall, within six months after the date of enactment of this Act, amend 
regulations--
            (1) under the Hazardous Materials Transportation Act (49 
        App. U.S.C. 1801 et seq.) to prohibit the driver of motor 
        vehicle transporting hazardous materials in commerce, and
            (2) under the Motor Carrier Safety Act of 1984 (49 App. 
        U.S.C. 2501 et seq.) to prohibit the driver of any commercial 
        motor vehicle,
from driving the motor vehicle onto a railroad-highway grade crossing 
without having sufficient space to drive completely through the 
crossing without stopping.
    (b) Vandalism; Trespassing.--Not later than six months after the 
date of enactment of this Act, the Secretary of Transportation shall 
amend the Secretary's regulations under section 202 of the Federal 
Railroad Safety Act of 1970 (45 U.S.C. 431) to make subject to a civil 
penalty under such Act any person who--
            (1) defaces or disables, or commits any other act that 
        adversely affects the function of, any signal system, sign, or 
        device at a grade crossing; or
            (2) trespasses on a railroad-owned or railroad-leased 
        right-of-way, roadbed, or bridge.

SEC. 8. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS.

    (a) Federal Regulations.--The Commercial Motor Vehicle Safety Act 
of 1986 (49 App. U.S.C. 2701 et seq.), as amended by subsection (b) of 
this section, is further amended by adding at the end the following new 
section:

``SEC. 12022. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS.

    ``(a) Regulations.--The Secretary shall issue regulations 
establishing sanctions and penalties relating to violations, by persons 
operating commercial motor vehicles, of laws and regulations pertaining 
to railroad-highway grade crossings.
    ``(b) Minimum Requirements.--Regulations issued under subsection 
(a) shall, at a minimum, require that--
            ``(1) any operator of a commercial motor vehicle who is 
        found to have committed a first violation of a law or 
        regulation pertaining to railroad-highway grade crossings shall 
        be disqualified from operating such a vehicle for a period of 
        not less than ninety days and shall be subject to a civil 
        penalty of not less than $1,000;
            ``(2) any operator of a commercial motor vehicle who is 
        found to have committed a second violation of such a law or 
        regulation shall be disqualified from operating such a vehicle 
        for a period of not less than one year and not more than five 
        years and shall be subject to a civil penalty of not less than 
        $1,000; and
            ``(3) any employer that knowingly allows, permits, 
        authorizes, or requires an employee to operate a commercial 
        motor vehicle in violation of such a law or regulation shall be 
        subject to a civil penalty of not more than $10, 000.
    ``(c) Deadline.--The regulations required under subsection (a) 
shall be issued not later than five years after the date of enactment 
of this section.''.
    (b) State Regulations.--Section 12009(a) of the Commercial Motor 
Vehicle Safety Act of 1986 (49 App. U.S.C. 2708(a)) is amended--
            (1) in paragraph (21), by striking ``12020(a)'' and 
        inserting in lieu thereof ``12021(a)''; and
            (2) by adding at the end the following new paragraph:
            ``(22) Grade crossing regulations.--The State shall adopt 
        and enforce any regulations issued by the Secretary under 
        section 12022.''.
    (c) Technical Amendment.--The Commercial Motor Vehicle Safety Act 
of 1986 (49 App. U.S.C. 2701 et seq.) is amended by redesignating the 
second section 12020 (as added by section 4009(a) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
Stat. 2156)) as section 12021.

SEC. 9. SAFETY ENFORCEMENT.

    The National Highway Traffic Safety Administration, and the Office 
of Motor Carrier Safety within the Federal Highway Administration, 
shall on a continuing basis cooperate with the National Association of 
Governors' Highway Safety Representatives, the Commercial Vehicle 
Safety Alliance, and Operation Lifesaver, Inc., to improve compliance 
with and enforcement of laws and regulations pertaining to reairoad-
highway grade crossings.

                                 <all>
```