Stricken language would be deleted from and underlined language would be added to present law.
Act 754 of the Regular Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1842
4
5 By: Representatives Christiansen, Watson, D. Whitaker, Barker, M. Berry, S. Berry, Breaux, Bryant,
6 Ennett, Fielding, Hudson, McClure, Milligan, Ray, Richmond, Rye, Slape, Tollett, Tosh
7 By: Senator B. Johnson
8
9 For An Act To Be Entitled
10 AN ACT TO AMEND THE LAW CONCERNING THE OPERATION OF A
11 MOTOR VEHICLE AT A RAILROAD CROSSING; AND FOR OTHER
12 PURPOSES.
13
14
15 Subtitle
16 TO AMEND THE LAW CONCERNING THE OPERATION
17 OF A MOTOR VEHICLE AT A RAILROAD
18 CROSSING.
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code 27-51-702(a), concerning a driver's
24 obedience to signals at a railroad crossing, is amended to read as follows:
25 (a)(1) Whenever any a person driving a vehicle approaches a railroad
26 grade crossing under any of the circumstances stated in this section, then
27 the driver of the vehicle shall stop within fifty feet (50') but not less
28 than fifteen feet (15') from the nearest rail of such the railroad and shall
29 not proceed until he or she can do so safely.
30 (2) These The requirements under subdivision (a)(1) of this
31 section shall apply when a:
32 (1)(A) A clearly Clearly visible electric or mechanical signal
33 device gives warning of the immediate approach of a railroad train or other
34 on-track equipment;
35 (2)(B) A crossing Crossing gate is lowered or a human flagger
36 gives or continues to give a signal of the approach or passage of a railroad
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1 train or other on-track equipment;
2 (3)(C) A railroad Railroad train or other on-track equipment
3 approaching within approximately one thousand five hundred feet (1,500') of
4 the highway crossing emits a signal audible from such distance and the
5 railroad train or other on-track equipment, by reason of its the speed or
6 nearness to the crossing of the railroad train or other on-track equipment,
7 is an immediate hazard; and
8 (4) An approaching railroad train or other on-track equipment is
9 plainly visible and is in hazardous proximity to the crossing.
10
11 SECTION 2. Arkansas Code 27-51-703(a), concerning certain vehicles
12 required to stop at all railroad crossings, is amended to read as follows:
13 (a)(1) The driver of any a motor vehicle carrying passengers for hire,
14 any a school bus carrying any a school child, or any a vehicle carrying
15 explosive substances or flammable liquids as a cargo or part of a cargo
16 before crossing at grade any tracks of a railroad shall:
17 (A) stop Stop the vehicle within fifty feet (50') but not
18 less than fifteen feet (15') from the nearest rail of the railroad; and,
19 (B) while so While stopped as required by subdivision
20 (a)(1)(A) of this section, shall listen and look in both directions along the
21 track for any an approaching train or other on-track equipment and for
22 signals indicating that the approach of a train or other on-track equipment,
23 except as provided, and shall not proceed until he or she can do so safely.
24 (2) After stopping as required in this section and upon
25 proceeding when it is safe to do so, the driver of any such the vehicle shall
26 cross only in the gear of the vehicle in which there will be no necessity for
27 changing gears while traversing the crossing and the driver shall not shift
28 gears while crossing the tracks.
29
30 SECTION 3 . Arkansas Code 27-51-704(a), concerning the operation of
31 trucks carrying explosives or flammable liquids at a railroad crossing, is
32 amended to read as follows:
33 (a) The operator of any a truck carrying any explosive substances or
34 flammable liquids or gases as a cargo or part of a cargo shall,:
35 (1) before Before crossing any railroad tracks, stop the vehicle
36 within fifty feet (50') but not less than fifteen feet (15') from the nearest
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1 railroad; and
2 (2) while While stopped as required by subdivision (a)(1) of
3 this section shall open the door of the truck on the driver's side or roll
4 down the window at least twelve inches (12") in order to remove any
5 obstruction of the sound of a train whistle.; and
6 (3) He or she shall also listen Listen and look in both
7 directions along the track for any approaching train or other on-track
8 equipment or signals indicating the approach of a train or other on-track
9 equipment and shall proceed to cross the tracks only after he or she has
10 determined that it is safe to do so.
11
12 SECTION 4. Arkansas Code 27-51-705(c) and (d), concerning the
13 movement of heavy equipment at railroad crossings, are amended to read as
14 follows:
15 (c) Before making any crossing, the person operating or moving any
16 such a vehicle or equipment described in subsection (a) of this section
17 shall:
18 (1) first First stop it not less than fifteen feet (15') nor
19 more than fifty feet (50') from the nearest rail of the railroad.; and
20 (2) While stopped that person shall listen and look in both
21 directions along the tracks for any approaching train or other on-track
22 equipment and for signals indicating the approach of a train or other on-
23 track equipment and shall not proceed until the crossing can be made safely.
24 (d)(1) No crossing shall be made when warning is given by automatic
25 signal or crossing gates or a flagger or otherwise of the immediate approach
26 of a railroad train or car or other on-track equipment.
27 (2) If a flagger is provided by the railroad, movement over the
28 crossing shall be under his or her direction.
29
30
31
32
33 APPROVED: 4/19/21
34
35
36
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Statutes affected: HB 1842: 27-51-702(a), 27-51-703(a), 27-51-704(a), 27-51-705(c)
Act 754: 27-51-702(a), 27-51-703(a), 27-51-704(a), 27-51-705(c)