Trains blocking roadways.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0466

HOUSE BILL
NO.
HB0233

Trains blocking roadways.

Sponsored by:
Representative(s)
Harvey
, Brown, Buchanan and Teeters and Senator(s) Geis, Peterson and Von Flatern

A BILL

for

AN ACT relating to
railroads; prohibiting blocking of public highways at grade crossings as specified; providing penalties;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 37
‑
10
‑
106 is created to read:

37
‑
10
‑
106.

Blocking of
public road
crossing prohibited; penalty.

(a)

A railroad company, except in an emergency, shall not order, allow or permit the operation of its system so that a train
or other railroad equipment
blocks the passage of vehicular traffic over the railroad crossing of any public street, road or highway for a period longer than ten (10) minutes. This section does not apply to any blockage of traffic caused by a continuously moving train or caused by circumstances wholly beyond the control of the railroad, but does apply to all other blockages including, but not limited to, those caused by a stopped train or a train engaged in switching, loading or unloading operations.

(b)

Upon receiving notification from a law enforcement officer, member of a fire department, operat
or
of an emergency medical vehicle or a member of an emergency services provider that emergency circumstances require the immediate clearing of a public highway railroad grade crossing, the members of the train crew of the train, engine, railroad car or equipment blocking the crossing shall immediately notify the appropriate railroad dispatcher of the emergency situation and the railroad shall immediately clear the crossing, consistent with the safe operation of the railroad.

(c)

Any railroad company whose employees or agents knowingly violate the provisions of this section shall be guilty of a
misdemeanor
and
shall:

(i)

For a first conviction be punished by a fine of not more than two hundred dollars ($200.00);

(ii)

For a second conviction within one (1) year thereafter, be punished by a fine of not more than three hundred dollars ($300.00);

(iii)

For a third or subsequent conviction within one (1)
y
ear after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00).

Section 2.

This act is effective July 1, 2009.

(END)

1
HB0233