GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

 

 

SESSION LAW 1999-274

HOUSE BILL 1054

 

 

AN ACT TO REQUIRE ALL ACTIVITY BUSES TO STOP AT ALL RAILROAD CROSSINGS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 20-142.3(a) reads as rewritten:

"(a)      Before crossing at grade any track or tracks of a railroad, the driver of any school bus, any activity bus, any motor vehicle carrying passengers for compensation, any property-hauling motor vehicle over 10,000 pounds which is carrying hazardous materials, and any motor vehicle with a capacity of 16 or more persons shall stop the vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad.  While stopped, the driver shall listen and look in both directions along the track for any approaching train and shall not proceed until he can do so safely. Upon proceeding, the driver of the vehicle shall cross the track in a gear that allows the driver to cross the track without changing gears and the driver shall not change gears while crossing the track or tracks."

Section 2.  G.S. 20-142.3(b) reads as rewritten:

"(b)      Except for school buses, buses and activity buses, the provisions of this section shall  not require the driver of a vehicle to stop:

(1)       At railroad tracks used exclusively for industrial switching purposes within a business district.

(2)       At a railroad grade crossing which a police officer or crossing flagman directs traffic to proceed.

(3)       At a railroad grade crossing protected by a gate or flashing signal designed to stop traffic upon the approach of a train, when the gate or flashing signal does not indicate the approach of a train.

(4)       At an abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned.

(5)       At an industrial or spur line railroad grade crossing marked with a sign reading "Exempt" erected by or with the consent of the appropriate State or local authority."

Section 3.  This act becomes effective August 1, 1999 and applies to offenses occurring on or after that date.

In the General Assembly read three times and ratified this the 30th day of June, 1999.