AB 2147

Bill Subjects

Abstract

(1) Existing law authorizes railroad and rail transit grade crossings to be equipped with an automated rail crossing enforcement system if the system is identified by signs clearly indicating the system's presence and visible to traffic approaching from each direction. Existing law requires that only a governmental agency, in cooperation with a law enforcement agency, may operate an automated rail crossing enforcement system. Existing law requires the driver of any vehicle or a pedestrian approaching a railroad or rail transit grade crossing to stop not less than 15 feet from the nearest rail and to not proceed until he or she can do so safely, whenever either of 2 specified conditions exist and also requires a driver or pedestrian to not proceed through, around, or under any railroad or rail transit crossing gate while the gate is closed. Existing law requires that a notice of a violation of these provisions is subject to the specified procedures for the issuance of a notice to appear. This bill would revise and recast these provisions to apply to railroad and fixed guideway crossings. The bill would add specific procedures for the processing of a notice of violation based upon evidence from an automated rail or fixed guideway enforcement system in lieu of the existing procedures for the issuance of a notice to appear. The bill would also add specific requirements for a driver or pedestrian when making a stop at a railroad or fixed guideway crossing. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. The bill would require that a person convicted of any violation described in these provisions not be permitted to attend traffic violator school for more than one violation at a time, and would require the course curriculum to include specific training on the dangers of operating a vehicle near or through a railroad or fixed guideway crossing. The bill would make other conforming and technical changes to these provisions. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.