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HB4410 • 2026

Relating to special stops required for on-track equipment

Relating to special stops required for on-track equipment

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Heckert, Hillenbrand
Last action
2026-03-10
Official status
S To Judiciary 03/10/26
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-03-10 S

    To Judiciary

  2. 2026-03-10 S

    Reported do pass with amend and title amend but first to Judiciary

  3. 2026-01-30 S

    To Transportation and Infrastructure

  4. 2026-01-30 S

    To Transportation and Infrastructure then Judiciary

  5. 2026-01-30 S

    Introduced in Senate

  6. 2026-01-29 H

    Communicated to Senate

  7. 2026-01-29 H

    Passed House (Roll No. 29)

  8. 2026-01-29 H

    Read 3rd time

  9. 2026-01-29 H

    On 3rd reading, Special Calendar

  10. 2026-01-28 H

    Read 2nd time

  11. 2026-01-28 H

    On 2nd reading, Special Calendar

  12. 2026-01-27 H

    Read 1st time

  13. 2026-01-27 H

    On 1st reading, Special Calendar

  14. 2026-01-26 H

    On 1st reading, Special Calendar

  15. 2026-01-23 H

    Do pass

  16. 2026-01-20 H

    Markup Discussion

  17. 2026-01-16 H

    To House Energy and Public Works

  18. 2026-01-16 H

    Introduced in House

  19. 2026-01-16 H

    To Energy and Public Works

  20. 2026-01-16 H

    Filed for introduction

Official Summary Text

Relating to special stops required for on-track equipment

Current Bill Text

Read the full stored bill text
HB 4410 Text

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= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
ENGROSSED

House Bill 4410
By Delegates Heckert and Hillenbrand
[Introduced January 16, 2026; referred to the Committee on Energy and Public Works]

A BILL to amend and reenact §17C-12-1, of the Code of West Virginia, 1931, as amended; and to amend the code by adding a new section, designated §17C-1-72, relating to defining "on-track equipment"; and clarifying provisions related to obedience to signal indicating approach of train.
Be it enacted by the Legislature of West Virginia:

ARTICLE 1. WORDS AND PHRASES DEFINED
.

§17C-1-72. Other on-track equipment; definitions
.

For the purpose of this section, the term "on-track equipment" means any tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed upon railroad tracks, including all maintenance of way equipment used to inspect, maintain, and repair the rail system.

ARTICLE 12. SPECIAL STOPS REQUIRED
.

§17C-12-1. Obedience to signal indicating approach of train
.

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of
such

that
vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and
shall

may
not proceed until he
or she
can do so safely. The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train
or other on-track equipment
;
or
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train
or other on-track equipment
;
or
(3) A railroad train
or other on-track equipment
approaching within approximately 1,500 feet of the highway crossing emits a signal audible from
such

that
distance and
such

the
railroad train
or other on-track equipment
, by reason of its speed or nearness to
such

the
crossing, is an immediate hazard;
or
(4) Any approaching railroad train
or other on-track equipment
is plainly visible and is in hazardous proximity to
such

the
crossing.
(b) No person
shall

may
drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while
such

the
gate or barrier is closed or is being opened or closed.
(c) Any person failing to comply with the requirements of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined $100 or imprisoned for not more than 10 days. The commissioner shall promulgate rules to further penalize those convicted of violating this section by levying three points against the violator's driver's license record:
Provided,
That if the electric or mechanical signal device is malfunctioning, this subsection
shall

may
not apply.

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