Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 249 (2015GS)

Sponsor

Sen. Jenkins, S.

Final action

Governor Vetoed 4/1/2015

Outcome

Vetoed

Summary

What it does

• This bill:
• amends provisions related to stopping a vehicle at a railroad grade crossing.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Tue, Mar 10, 2015 at 8:58 PM by lerror.
TRAX CROSSING BARS OPERATIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott K. Jenkins
House Sponsor: 
 Lee B. Perry
LONG TITLE
General Description:
This bill modifies the Traffic Code by amending provisions related to railroad
crossings.
Highlighted Provisions:
This bill:
▸ amends provisions related to stopping a vehicle at a railroad grade crossing.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-305
, as last amended by Laws of Utah 2014, Chapter 39
41-6a-1203
, as last amended by Laws of Utah 2012, Chapter 135
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-305
 is amended to read:
41-6a-305.
Traffic-control signal -- At intersections -- At place other than
intersection -- Color of light signal -- Inoperative traffic-control signals -- Affirmative
defense.
(1) (a) Green, red, and yellow are the only colors that may be used in a traffic-control
signal, except for a:
(i) pedestrian traffic-control signal that may use white and orange; and
(ii) rail vehicle that may use white.
(b) Traffic-control signals apply to the operator of a vehicle and to a pedestrian as
provided in this section.
(2) (a) (i) Except as provided in Subsection (2)(a)(ii), the operator of a vehicle facing a
circular green signal may:
(A) proceed straight through the intersection;
(B) turn right; or
(C) turn left.
(ii) The operator of a vehicle facing a circular green signal, including an operator
turning right or left:
(A) shall yield the right-of-way to other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time the signal is exhibited; and
(B) may not turn right or left if a sign at the intersection prohibits the turn.
(b) The operator of a vehicle facing a green arrow signal shown alone or in
combination with another indication:
(i) may cautiously enter the intersection only to make the movement indicated by the
arrow or other indication shown at the same time; and
(ii) shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk
and to other traffic lawfully using the intersection.
(c) Unless otherwise directed by a pedestrian traffic-control signal under Section
41-6a-306
, a pedestrian facing any green signal other than a green turn arrow may proceed
across the roadway within any marked or unmarked crosswalk.
(3) (a) The operator of a vehicle facing a steady circular yellow or yellow arrow signal
is warned that the allowable movement related to a green signal is being terminated.
(b) Unless otherwise directed by a pedestrian traffic-control signal under Section
41-6a-306
, a pedestrian facing a steady circular yellow or yellow arrow signal is advised that
there is insufficient time to cross the roadway before a red indication is shown, and a pedestrian
may not start to cross the roadway.
(4) (a) Except as provided in Subsection (4)(c), the operator of a vehicle facing a
steady circular red or red arrow signal:
(i) may not enter the intersection unless entering the intersection to make a movement
is permitted by another indication; and
(ii) shall stop at a clearly marked stop line, but if none, before entering the marked or
unmarked crosswalk on the near side of the intersection and shall remain stopped until an
indication to proceed is shown.
(b) Unless otherwise directed by a pedestrian traffic-control signal under Section
41-6a-306
, a pedestrian facing a steady red signal alone may not enter the roadway.
(c) (i) (A) The operator of a vehicle facing a steady circular red signal may cautiously
enter the intersection to turn right, or may turn left from a one-way street into a one-way street,
after stopping as required by Subsection (4)(a).
(B) If permitted by a traffic control device on the state highway system, the operator of
a vehicle facing a steady red arrow signal may cautiously enter the intersection to turn left from
a one-way street into a one-way street after stopping as required by Subsection (4)(a).
(ii) The operator of a vehicle under Subsection (4)(c)(i) shall yield the right-of-way to:
(A) another vehicle moving through the intersection in accordance with an official
traffic-control signal; and
(B) a pedestrian lawfully within an adjacent crosswalk.
(5) (a) This section applies to a highway or rail line where a traffic-control signal is
erected and maintained.
(b) Any stop required shall be made at a sign or marking on the highway pavement
indicating where the stop shall be made, but, in the absence of any sign or marking, the stop
shall be made at the signal.
(6) The operator of a vehicle approaching an intersection that has an inoperative
traffic-control signal shall:
(a) stop before entering the intersection; and
(b) yield the right-of-way to any vehicle as required under Section 
41-6a-901
.
(7) (a) For an operator of a motorcycle, moped, or bicycle who is 16 years of age or
older, it is an affirmative defense to a violation of Subsection (4)(a) if the operator of a
motorcycle, moped, or bicycle facing a steady circular red signal or red arrow:
(i) brings the motorcycle, moped, or bicycle to a complete stop at the intersection or
stop line;
(ii) determines that:
(A) the traffic-control signal has not detected the operator's presence by waiting a
reasonable period of time of not less than 90 seconds at the intersection or stop line before
entering the intersection;
(B) no other vehicle that is entitled to have the right-of-way under applicable law is
sitting at, traveling through, or approaching the intersection; and
(C) no pedestrians are attempting to cross at or near the intersection in the direction of
travel of the operator; and
(iii) cautiously enters the intersection and proceeds across the roadway.
(b) The affirmative defense under this section does not apply at an active railroad grade
crossing as defined in Section 
41-6a-1005
, except as described in Section 
41-6a-1203
.
Section 2. Section 
41-6a-1203
 is amended to read:
41-6a-1203.
Railroad grade crossing -- Duty to stop -- Malfunctions and school
buses -- Driving through, around, or under gate or barrier prohibited.
(1) As used in this section, "active railroad grade crossing" [
has the same meaning as
]
means the same as that term is
 defined in Section 
41-6a-1005
.
(2) 
(a)
 Whenever a person operating a vehicle approaches a railroad grade crossing, the
operator of the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of
the railroad track and may not proceed if:
[
(a)
] 
(i)
 a clearly visible electric or mechanical signal device gives warning of the
immediate approach of a train;
[
(b)
] 
(ii)
 a crossing gate is lowered, or when a human flagman gives or continues to
give a signal of the approach or passage of a train;
[
(c)
] 
(iii)
 a railroad train approaching within approximately 1,500 feet of the highway
crossing emits a signal audible and the train by reason of its speed or nearness to the crossing is
an immediate hazard;
[
(d)
] 
(iv)
 an approaching train is plainly visible and is in hazardous proximity to the
crossing; or
[
(e)
] 
(v)
 there is any other condition that makes it unsafe to proceed through the
crossing.
(b) It is an affirmative defense to a violation of Subsection (2)(a) if the operator of a
vehicle, facing a clearly visible electric or mechanical signal device described in Subsection
(2)(a)(i):
(i) comes to a complete stop, as described in Subsection (2)(a);
(ii) determines that:
(A) the crossing gate described in Subsection (2)(a)(ii) has not been lowered or has
been raised;
(B) no other vehicle that is entitled to have the right-of-way under applicable law is
sitting at, traveling through, or approaching the intersection;
(C) no train is approaching or passing; and
(D) no pedestrians are attempting to cross at or near the intersection in the direction of
travel of the operator; and
(iii) cautiously enters the intersection and proceeds across the roadway.
134a 
 Ĥ→ 
(c) A railroad operator or railroad company shall not be liable for damage, injury, or
134b 
death arising from a vehicle operator's entry into the intersection as described in Subsection
134c 
(2)(b).
 ←Ĥ
(3) (a) An operator of a vehicle who suspects a false activation or malfunction of a
railroad grade crossing signal device where there is no gate or barrier may drive a vehicle
through the railroad grade crossing after stopping if:
(i) the operator of a vehicle has a clear line of sight of at least one mile of the railroad
tracks in all directions;
(ii) there is no evidence of an approaching train;
(iii) the vehicle can cross over the tracks safely; and
(iv) the operator of a school bus is compliant with written district policy.
(b) As soon as is reasonably possible, the operator of a school bus shall notify the
driver's dispatcher and the dispatcher shall notify the owner of the railroad track where the
grade crossing signal device is located of the false activation or malfunction.
(4) (a) A person may not drive a vehicle through, around, or under a crossing gate or
barrier at a railroad grade crossing if the railroad grade crossing is active.
(b) A person may not cause a non-rail vehicle, whether or not occupied, to pass
through, around, over, or under or remain on a gate or barrier at a railroad grade crossing if the
railroad grade crossing is active.
(c) A person may not cause a non-rail vehicle, whether or not occupied, to pass around,
through, over, or under or remain in a rail or fixed guideway right-of-way in a manner that
would cause a railroad train or other rail vehicle to make contact with the non-rail vehicle.
Legislative Review Note
 as of 2-19-15 4:21 PM
Office of Legislative Research and General Counsel