HSB 84

341 provides that when a person driving a vehicle approaches a railroad grade crossing and a warning is given by automatic signal, crossing gate, or flag person of the immediate approach of a railroad train or railroad track equipment, the driver is required to stop within feet but not less than feet from the nearest rail and is prohibited from proceeding until the driver can do so safely. In addition, the driver is required to stop the vehicle and not traverse the railroad grade crossing when the 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 railroad track equipment. A violation of this provision is punishable by a scheduled fine of $260.341 occurs at a railroad grade crossing that has a median barrier and that is established as a quiet zone in accordance with federal regulations, the violation is punishable by a scheduled fine of $520. However, the bill allows the person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department of transportation in lieu of the fine. To be eligible, the person must notify the clerk of court prior to the date of the person’s court appearance that the person intends to attend and successfully complete a driver improvement program, and must submit to the clerk of court written verification that the person completed the program, signed by the instructor of the program, within days of the violation. If a person notifies the clerk of court of the person’s intent to complete the program but fails to submit the required verification of completion within days, the person must be assessed the $520 fine.