FIRST REGULAR SESSION

HOUSE BILL NO. 435

92ND GENERAL ASSEMBLY

 

 

INTRODUCED BY REPRESENTATIVES ENGLER, CRAWFORD AND SCHLOTTACH (Co-sponsors).

         Read 1st time February 10, 2003, and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

1616L.01I

 

AN ACT

To repeal section 304.035, RSMo, and to enact in lieu thereof one new section relating to required stops at railroad grade crossings, with a penalty provision.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 304.035, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 304.035, to read as follows:

            304.035. 1. When any person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall operate the vehicle in a manner so he will be able to stop, and he shall stop the vehicle not less than fifteen feet and not more than fifty feet from the nearest rail of the railroad track and shall not proceed until he can safely do so if:

            (1) A clearly visible electric or mechanical signal device warns of the approach of a railroad train; or

            (2) A crossing gate is lowered or when a human flagman gives or continues to give a signal or warning of the approach or passage of a railroad train; or

            (3) An approaching railroad train is visible and is in hazardous proximity to such crossing; or

            (4) Any other traffic sign, device or any other act, rule, regulation or statute requires a vehicle to stop at a railroad grade crossing.

            2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing when a train is approaching while such gate or barrier is closed or is being opened or closed.

            3. No person shall drive a vehicle through a railroad crossing when there is not sufficient space to drive completely through the crossing.

            4. No person shall drive a vehicle through a railroad crossing unless such vehicle has sufficient undercarriage clearance necessary to prevent the undercarriage of the vehicle from contacting the railroad crossing.

            5. An operator of a commercial motor vehicle as defined in section 302.700, RSMo, shall reduce the vehicle's speed and check that a railroad track is clear of an approaching train. This section shall not apply to drivers of vehicles which are required to stop at a railroad crossing pursuant to section 304.030.

            6. Any person violating the provisions of this section is guilty of a class C misdemeanor.