Arizona 57th Legislature - First Regular Session Status: In Committee Bipartisan · 4 D · 4 R cosponsors

HB 2259 — railroad grade crossing; on-track equipment..

Last action — DPA

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - First Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

107 added · 239 removed

Plain-language change summary

The recent amendment to House Bill 2259 adds the term "on-track maintenance equipment" to the bill, broadening safety guidelines beyond just trains. This means that safety protocols apply not only when trains approach a crossing, but also when maintenance vehicles that operate on the tracks are near. This change is important as it enhances overall safety measures at railroad crossings, helping to prevent accidents and ensure that all types of on-track vehicles are accounted for during potentially dangerous situations.

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HOUSE FLOOR AMENDMENT EXPLANATION Bill Number:
House Engrossed railroad grade crossing;
HB2259 Hernandez C Floor Amendment The C.
on-track equipment..
Hernandez amendment dated 2/6/2025 at 4:18 PM:
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2259 AN ACT AMENDING SECTIONS 28-851, 28-853 AND 28-854, ARIZONA REVISED STATUTES;
1.
RELATING TO RAILROAD GRADE CROSSINGS.
Adds "maintenance" in the term "on-track equipment." Amendment explanation prepared by Israel Kiyogera Phone Number 6-5846 ik 2/6/2025 Fifty-seventh Legislature Hernandez C First Regular Session H.B.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
2259 HERNANDEZ C FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
2259 Be it enacted by the Legislature of the State of Arizona:
2259 (Reference to printed bill) Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.
[Green underlining in brackets] indicates text added to new session law or text restoring existing law.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.
[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.
The bill as proposed to be amended is reprinted as follows:
A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT.
A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT.
A railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such a distance and the railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT is an immediate hazard by reason of its speed or proximity to the crossing.
A railroad train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such a distance and the railroad train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT is an immediate hazard by reason of its speed or proximity to the crossing.
An approaching railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT is plainly visible and is in hazardous proximity to the crossing.
An approaching railroad train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT is plainly visible and is in hazardous proximity to the crossing.
House Amendments to H.B.
2259 2.
There is no evidence of an approaching RAILROAD train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
3.
The vehicle may cross over the tracks safely.
4.
If the vehicle is a school bus, the operator complies with written district policy.
C.
An operator of a vehicle may not make a u-turn or turn the vehicle to proceed in the opposite direction on a railroad track or railroad grade crossing.
D.
A person shall not proceed 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.
E.
A pedestrian shall not do any of the following:
1.
Enter or remain within the area between a railroad track and a railroad sign or signal if the railroad grade crossing is active.
Occupy or remain on a railroad grade crossing when the railroad sign or signal is not active except to cross the railroad crossing on a designated walkway.
There is no evidence of an approaching RAILROAD train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT.
Remain in an area between railroad signs or signals, railroad gates or rail crossing arms if the railroad grade crossing is active.
Sec.
2.
Section 28-853, Arizona Revised Statutes, is amended to read:
28-853.
Railroad grade crossing;
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stop required of certain vehicles;
exceptions;
other requirements A.
Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying any school child or of any vehicle carrying or returning after delivery of DELIVERING explosive substances or flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both directions along the track for an approaching train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT and for signals indicating the approach of a AN APPROACHING RAILROAD train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT and not proceed until the driver can do so safely.
After stopping as required by this section SUBSECTION and on proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the vehicle for which there is no need to change gears while traversing the crossing and shall not shift gears while crossing the track or tracks.
This subsection does not apply at:
1.
A crossing where a police officer or a traffic control signal directs traffic to proceed.
2.
A street railway grade crossing within a business or residence district.
B.
A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle being driven.
-2- House Amendments to H.B.
2259 C.
A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle, including a RAILROAD train or a city transit vehicle.
Sec.
3.
Section 28-854, Arizona Revised Statutes, is amended to read:
28-854.
Railroad grade crossing;
moving heavy equipment;
exception;
definition A.
A person shall not operate or move any heavy equipment on or across a track at a railroad grade crossing unless:
1.
Notice of the intended crossing is given to a station agent of the railroad.
2.
Before making the crossing, the person operating or moving the vehicle or HEAVY equipment:
(a) Stops the vehicle or equipment at least fifteen feet but not more than fifty feet from the nearest rail of the railroad.
(b) While so stopped, listens and looks in both directions along the track for an approaching RAILROAD train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT and for signals indicating the approach of a AN APPROACHING RAILROAD train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
3.
Does not proceed until the crossing can be made safely.
B.
A person shall not make a crossing pursuant to SUBSECTION A OF this section when a warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
If a flagman is provided by the railroad, movement over the crossing shall be under the flagman's direction.
C.
This section does not apply to the normal movement of farm equipment in the regular course of a farm operation.
D.
For the purposes of this section, "heavy equipment" means any crawler type tractor, steam shovel, derrick, roller or other equipment or structure having a normal operating speed of ten miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches measured above the level surface of a roadway.
Enroll and engross to conform Amend title to conform CONSUELO HERNANDEZ 2259FloorHERNANDEZ C.docx 02/06/2025 04:18 PM H:
IK/ra -3- Fifty-seventh Legislature Hernandez C First Regular Session H.B.
2259 HERNANDEZ C FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
2259 (Reference to printed bill) Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.
[Green underlining in brackets] indicates text added to new session law or text restoring existing law.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.
[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.
The bill as proposed to be amended is reprinted as follows:
Section 1.
Section 28-851, Arizona Revised Statutes, is amended to read:
28-851.
Railroad crossing;
safety A.
Except as provided in subsection B of this section, when a person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and may not proceed if any of the following applies:
1.
A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
2.
A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
3.
A railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such a distance and the railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT is an immediate hazard by reason of its speed or proximity to the crossing.
4.
An approaching railroad train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT is plainly visible and is in hazardous proximity to the crossing.
5.
Any other condition exists that makes it unsafe to proceed through the crossing.
B.
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 proceed through the railroad grade crossing after stopping if all of the following apply:
1.
The operator of the vehicle has a clear line of sight of at least one mile of the railroad tracks in all directions.
House Amendments to H.B.
2259 2.
There is no evidence of an approaching RAILROAD train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
3.
2.
- 1 - H.B.
2259 2.
Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying any school child or of any vehicle carrying or returning after delivery of DELIVERING explosive substances or flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both directions along the track for an approaching train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT and for signals indicating the approach of a AN APPROACHING RAILROAD train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT and not proceed until the driver can do so safely.
Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying any school child or of any vehicle carrying or returning after delivery of DELIVERING explosive substances or flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both directions along the track for an approaching train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT and for signals indicating the approach of a AN APPROACHING RAILROAD train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT and not proceed until the driver can do so safely.
-2- House Amendments to H.B.
C.
2259 C.
1.
- 2 - H.B.
2259 1.
(b) While so stopped, listens and looks in both directions along the track for an approaching RAILROAD train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT and for signals indicating the approach of a AN APPROACHING RAILROAD train OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
(b) While so stopped, listens and looks in both directions along the track for an approaching RAILROAD train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT and for signals indicating the approach of a AN APPROACHING RAILROAD train OR OTHER ON-TRACK MAINTENANCE EQUIPMENT.
A person shall not make a crossing pursuant to SUBSECTION A OF this section when a warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car OR OTHER ON-TRACK [MAINTENANCE] EQUIPMENT.
A person shall not make a crossing pursuant to SUBSECTION A OF this section when a warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car OR OTHER ON-TRACK MAINTENANCE EQUIPMENT.
Enroll and engross to conform Amend title to conform CONSUELO HERNANDEZ 2259FloorHERNANDEZ C.docx 02/06/2025 04:18 PM H:
- 3 -
IK/ra -3-
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Action History

  1. DPA

  2. House Placed on Consent Calendar

  3. DP

  4. House Second Reading

  5. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 85 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (85)

85 members have not signed on to this bill.

Show all 85 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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transportation
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Frequently asked questions

Who sponsors HB 2259?
HB 2259 is sponsored by Justin Wilmeth (Republican), Myron Tsosie (Democrat), Tony Rivero (Republican), Lydia Hernandez (Democrat), John Gillette (Republican), Michael Carbone (Republican), Consuelo Hernandez (Democrat), and Alma Hernandez (Democrat).
What is the current status of HB 2259?
This bill died with 57th Legislature - First Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2259?
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