SB 766 — Relieving railroad companies of liability during parades

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 766 ByBYSENATORTAYLOR SenatorsANHUNT Taylor[Originating andin huntthe [IntroducedCommittee Februaryon 13,the 2024;Judiciary;

referredreported toFebruary the26, Committee2024] onCS thefor Judiciary] Intr SB 2024R3630A766 A BILL to amend and reenact §31-2A-2 of the Code of West Virginia, 1931, as amended, relating to relieving a railroad company of any liability for injury to any person using a crossing during a parade bywhere athe schooltrain oris anystopped municipality,during county,the orparade. other public entity that has permission for a parade;

the railroad company is notified of the time of the parade, and a train is stopped during the time of the parade.

(a) It is unlawful for any railroad company, except in an emergency, to order, allowallow, or permit the operation ofof, or to operate or to so operate its system so that a train blocks the passage of vehicular traffic over the railroad crossing of any public street, roadroad, or highway of this state for a period longer than ten10 minutes.

This section does not apply to an obstruction of any such street, roadroad, or highway caused by a continuously moving train or caused by circumstances wholly beyond the control of the railroad, but does apply to all other obstructions as aforesaid, including, but not limited to, those caused by a stopped train or a train engaged in switching, loading or unloading operations:

Upon receipt of notice of such emergency circumstances by the train crew or dispatcher, the railroad shall immediately clear the crossing, consistent with the safe Intr SB 2024R3630A operation of the train.

(c)CS Notwithstandingfor anySB provision766 of(c) thisA code to the contrary, a railroad company is not liable to any person for any injury tothat anyarises out of the person using a railroad crossing at a public street, road, or highway during thea periodlawful ofparade timeif ofthe atrain paradeis bystopped aand schoolis not blocking or anyimpeding municipality,the county,use orof otherthe publiccrossing entity:for the duration of the parade.

Provided, That notice is given to the railroad and a train is stopped during the time of the parade.

NOTE:

The purpose of this bill is to relieve a railroad company of any liability from injury to any person using a crossing during a parade by a school or any municipality, county, or other public entity;

the railroad company is notified of the time of the parade, and a train is stopped during the time of the parade.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.