S3126 —

2019, c.422 (S3126)  CHAPTER 422   P.L.An Act concerning driver responsibilities when approaching railroad crossings and amending various parts of the statutory law.

2019, CHAPTER 422, approved January 21, 2020 Senate, No.

3126   An Act concerning driver responsibilities when approaching railroad crossings and amending various parts of the statutory law.

      (a)C.39:4-127.1  WheneverRailroad anycrossings; person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within [fifty] 50 feet but not less than [fifteen] 15 feet from the nearest rail of such railroad, and shall not proceed until [he] the driver can do so safely.  The foregoing requirements shall apply when:

    stopping. 1.  A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;

     2. 68. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;

    (a) 3. Whenever Aany railroadperson traindriving ora othervehicle on-trackapproaches equipmenta approachingrailroad withingrade approximatelycrossing [oneunder thousandany fiveof hundred]the feetcircumstances ofstated in this section, the highwaydriver crossingof emitssuch avehicle signalshall audiblestop fromwithin such50 distancefeet andbut suchnot railroadless trainthan or15 otherfeet on-trackfrom equipment,the bynearest reasonrail of itssuch speedrailroad, orand nearnessshall tonot suchproceed crossing,until isthe andriver immediatecan hazard;do so safely.  The foregoing requirements shall apply when:

     4. 1.    AnA approachingclearly railroadvisible trainelectric or othermechanical on-tracksignal equipmentdevice isgives plainlywarning visibleof andthe isimmediate inapproach hazardousof proximitya torailroad suchtrain crossing.or other on-track equipment;

     (b)2.    NoA personcrossing shallgate driveis anylowered vehicle through, around, or underwhen anya crossinghuman gateflagman gives or barriercontinues atto give a railroadsignal crossingof whilethe suchapproach gate or barrierpassage isof closeda orrailroad istrain beingor openedother oron-track closed.equipment;

(cf:     3.    A railroad train or other on-track equipment approaching within approximately 1500 feet of the highway crossing emits a signal audible from such distance and such railroad train or other on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;

P.L.1951,     c.23,4.    s.68)An  approaching     railroad 2.   train R.S.39:4-128or other on-track equipment is amendedplainly tovisible readand asis follows:in hazardous proximity to such crossing.

     39:4-128. (b)   (a)No Theperson drivershall ofdrive any omnibus,vehicle designedthrough, foraround, carrying more than six passengers, or ofunder any schoolcrossing busgate carrying any school child or children,barrier orat ofa anyrailroad vehiclecrossing carryingwhile explosivesuch substancegate or flammablebarrier liquidsis asclosed a cargo or partis ofbeing aopened cargo, or ofclosed. any commercial motor vehicle specified in 49 C.F.R.

       2.    R.S.39:4-128 is amended to read as follows:

  Certain vehicles required to stop at railroad crossings;

exempt crossings.

     39:4-128.

(a) The driver of any omnibus, designed for carrying more than six passengers, or of any school bus carrying any school child or children, or of any vehicle carrying explosive substance or flammable liquids as a cargo or part of a cargo, or of any commercial motor vehicle specified in 49 C.F.R.

     (b)   No person shall operate or move any crawler-type tractor, wheel tractor, tractor engine with or without trailer or trailers attached, steam shovel, derrick, roller, self-propelled concrete mixer, or any self-propelled vehicle, commercial motor vehicle, equipment, machinery, apparatus or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any two adjacent axles or in any event of less than [9] nine inches, measured above the level surface of a roadway, upon or across any track or tracks at a railroad grade crossing without first complying with the following requirements.

     After concluding satisfactory arrangements with the proper officer of the railroad and before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad, and while so stopped shall listen and look in both directions along such track or tracks for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment, and and shall not proceed until the crossing can be made safely.

     (c)   Any person violating the provisions of this section shall be punished by a fine of not more than [$50.00] $50 for the first offense and for the second offense a fine of not more than [$100.00] $100, or by imprisonment for not more than 30 days, or by both such fine and imprisonment.

(cf:       3.    Section 10 of P.L.2005, c.147 (C.39:4-128.11) is amended to read as follows:

P.L.2005,C.39:4-128.11  c.147,Regulations s.9)relative  to     certain 3. commercial Sectionvehicles 10stopping ofat P.L.2005,railroad c.147crossings. (C.39:4-128.11) is amended to read as follows:

     10. 10. a.  A driver of a commercial motor vehicle, other than a commercial motor vehicle that is required to stop at a railroad crossing in accordance with R.S.39:4-128, shall, upon approaching a railroad grade crossing, drive at a rate of speed that will permit the commercial motor vehicle to be stopped before reaching the nearest rail of the crossing.  A driver shall not drive a commercial motor vehicle upon or over a railroad crossing until [he] the driver has exercised due caution to ascertain that a train or other on-track equipment is not approaching the crossing.

a.

A driver of a commercial motor vehicle, other than a commercial motor vehicle that is required to stop at a railroad crossing in accordance with R.S.39:4-128, shall, upon approaching a railroad grade crossing, drive at a rate of speed that will permit the commercial motor vehicle to be stopped before reaching the nearest rail of the crossing.  A driver shall not drive a commercial motor vehicle upon or over a railroad crossing until the driver has exercised due caution to ascertain that a train or other on-track equipment is not approaching the crossing.

(cf:       4.    This act shall take effect immediately.

P.L.2005, c.147, s.10)        4.   Approved ThisJanuary act21, shall2020. take effect immediately.

    STATEMENT        This bill requires drivers to stop at railroad crossings, in the same manner that drivers are required by law to stop for trains, when on-track equipment is being operated on the tracks and is approaching or passing the railroad crossing.  Under current New Jersey law, drivers are only required to stop for approaching or passing trains.

                                            Requires drivers to stop at railroad crossing when on-track equipment is approaching railroad crossing.