GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 243*

Short Title:  RR Trespassing/Crossing Safety.	(Public)

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Sponsors: Representative Bowie.

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Referred to:  Transportation.

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February 22, 1995

A BILL TO BE ENTITLED
AN ACT TO CREATE A NEW OFFENSE OF TRESPASSING ON RAILROAD RIGHTS-OF-WAY, TO INCREASE THE PENALTY FOR FAILURE TO OBEY RAILROAD SIGNALS, AND TO OTHERWISE IMPROVE SAFETY AT RAILROAD CROSSINGS.
The General Assembly of North Carolina enacts:
Section 1.  Article 22 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-159.3.  Trespassing on railroad rights-of-way.
(a)	Except as provided in subsection (b) of this section, it is unlawful for any person to go upon the track, real property, or right-of-way of a railroad, other than to pass over the track, real property, or right-of-way at a public or private crossing, whether on foot, in or on any type of vehicle, or on or with an animal.
Any person violating this section is guilty of a Class 3 misdemeanor.
(b)	This section shall not apply to persons owning lots or parcels of land abutting the railroad right-of-way when those persons go upon that portion of the right-of-way abutting their lot or parcel of land, unless the railroad has notified those persons in writing not to go upon the right-of-way of the railroad.  This section shall not apply to any section of railroad right-of-way that has been designated by a State or local agency for a recreational, pedestrian, or transportation use and has been appropriately marked with signs notifying the public of that designation."
Sec. 2.  G.S. 20-142.1(d) reads as rewritten:
"(d)	Any person who violates any provisions of this section is responsible for an infraction and shall be ordered to pay a penalty of one hundred dollars ($100.00).  Violation of this section shall not constitute negligence per se."
Sec. 3.  G.S. 136-20 is amended by adding a new subsection to read:
"( i)	Whenever the Secretary of Transportation finds that a railroad company or the owner or lessee of property adjacent to a railroad grade crossing has failed to maintain safe sight distances at a railroad grade crossing, the Department of Transportation may require the railroad company or adjacent property owner or lessee to relocate or remove any vegetation or other obstructions that may interfere with the safety of the traveling public.  The Department of Transportation may adopt rules to implement the provisions of this section."
Sec. 4.  Sections 1 and 2 of this act become effective December 1, 1995, and apply to offenses committed on or after that date.  The remainder of this act is effective upon ratification.