AB 799

Under current law, the operator of a vehicle may not drive on or across a railroad

crossing while: 1) any traffic officer or railroad employee signals to stop; 2) any

warning device signals to stop, subject to an exception; or 3) any railroad train

occupies the crossing or approaches so closely to the crossing as to constitute a hazard

of collision, if the crossing is posted with a crossbuck sign. In addition, the operator

of a vehicle may not drive through, around, or under any crossing gate or barrier at

a railroad crossing while the gate or barrier is closed or is being opened or closed.

A person who violates any of these prohibitions may be required to forfeit not more

than $1,000, except the maximum forfeiture for a bicyclist or operator of an electric

personal assistive mobility device is $40.

Current law also requires the operator of certain vehicles, including school

buses, motor buses, and vehicles that are transporting certain hazardous

substances, with limited exceptions, to stop within 50 feet but not less than 15 feet

from the nearest track and take certain precautions before proceeding. An operator

who fails to comply with this requirement may be required to forfeit not less than $60

nor more than $600.

Current law also imposes, with exceptions, liability on the owner of a vehicle

that is observed violating either of the railroad crossing provisions. The penalty

imposed on the owner under this provision is the same as the penalty for the

underlying railroad crossing violation.

Current law also provides that a railroad crossing improvement assessment be

imposed on any person found to have violated traffic laws relating to railroad

crossings. The amount of the assessment is equal to 50 percent of the amount of the

forfeiture that is imposed upon conviction. The money collected from the assessment

must be used to fund railroad crossing protection improvements, such as automatic

signals or other warning devices, and their maintenance.

This bill creates limitations on the use of railroad crossings and on crossing

railroad tracks by pedestrians. Under this bill, a pedestrian may not enter or cross

a railroad crossing while: 1) any traffic officer or railroad employee signals to stop;

2) any warning device signals to stop, subject to an exception; or 3) any railroad train

occupies the crossing or approaches so closely to the crossing as to constitute a hazard

of collision, if the crossing is posted with a crossbuck sign. The bill also prohibits a

pedestrian from crossing through, around, over, or under a crossing gate or barrier

at a railroad crossing while the gate or barrier is closed or is being opened or closed

or a railroad train while the train occupies a railroad crossing. A person who violates

any of the provisions related to pedestrians crossing railroad crossings or railroad

tracks may be required to forfeit not less than $100 nor more than $250 for the first

offense and not less than $225 nor more than $750 for the second or subsequent

conviction within three years. A person who violates any of these provisions in also

subject to the railroad crossing improvement assessment.