05 LC 19
6511
House
Bill 715
By:
Representatives Jones of the
44th,
Fludd of the
66th,
Sims of the
151st,
Rynders of the
152nd,
Smith of the
129th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating
to the installation of protective devices at railroad grade crossings, so as to
require the Department of Transportation, county governing authorities, and
municipal governing authorities to order the upgrade of protective devices at
passive railroad crossings routinely used by school buses; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
WHEREAS,
following an investigation of a deadly collision of a train and a school bus
that took the lives of three children in Tennessee in 2002, the National
Transportation Safety Board recommended that states make it a high priority to
improve safety at ungated railroad crossings used by school buses;
and
WHEREAS,
vehicles and trains collide an average of nine times a day; and
WHEREAS,
nationally, there were more than 3,400 reported collisions at railroad grade
crossings in 2004 resulting in nearly 400 fatalities and more than 1,300
injuries; and
WHEREAS,
childreńs
lives can and will be saved if states adopt the simple safety measures that the
National Transportation Safety Board recommended.
NOW,
THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-6-200 of the Official Code of Georgia Annotated, relating to the
installation of protective devices at railroad grade crossings, is amended by
striking subsection (a) and inserting in lieu thereof a new subsection (a) to
read as follows:
"(a)
Whenever, in the judgment of the department in respect to the state highway
system, a county in respect to its county road system, or a municipality in
respect to its municipal street system, such protection is reasonably necessary
for the safety of the traveling public, the department or the county or the
municipality may order the protection of a grade crossing by the installation of
protective
devices;
provided, however, that the department in respect to the state highway system, a
county in respect to its county road system, and a municipality in respect to
its municipal street system shall gather information as to which passive grade
crossings are crossed routinely by public school buses transporting pupils as
part of a regular assigned route and shall order the upgrade of such passive
grade crossings by the installation and maintenance of active protective devices
including flashing light signals, bells, and automated
gates. Prompt notice of such order shall
be given to the railroad or railroads involved; and within 30 days thereafter
the representatives of the department, the county, or the municipality and of
the railroad or railroads involved shall meet and, within 90 days, agree to a
plan and specifications for the acquisition and installation of protective
devices. If an agreement is not reached within 90 days, the department, the
county, or the municipality may order the railroad company or companies involved
to proceed with the acquisition and installation of protective devices, as
indicated in the plan and specifications accompanying its order. However, no
work leading to the installation of protective devices at a grade crossing on a
county or municipal public road system shall commence until and unless the plan
and specifications for such device are approved by the department. It shall be
the duty of the railroad or railroads to proceed with acquisition and
installation of protective devices within 60 days after receipt of an order to
that effect and to complete such acquisition and installation within six months
thereafter."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.