Pedestrians crossing railroad tracks and penalties for violations relating to railroad crossings and providing a penalty. (FE)

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.

This bill also increases the penalty for railroad crossing violations committed by a bicyclist or operator of an electric personal assistive mobility device to 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. The bill also triples minimum and maximum penalties for second or subsequent convictions committed within three years for other railroad crossing violations and requires that a court require a person convicted of a railroad crossing violation participate in certain driver safety education.