HOUSE BILL 371

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Gloria C. Vaughn

AN ACT

RELATING TO RAILROADS; CHANGING REQUIREMENTS FOR AUDIBLE SAFETY WARNINGS AT GRADE CROSSINGS; PROVIDING AN ALTERNATIVE WARNING SYSTEM AT GRADE CROSSINGS; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 63-3-34 NMSA 1978 (being Laws 1878, Chapter 1, Section 8-1, as amended) is amended to read:

     "63-3-34. SAFETY WARNINGS AT GRADE CROSSINGS--EXCEPTION.-- [SEC. 53. Every railroad corporation shall cause a bell of at least twenty pounds weight to be attached to each of its locomotives and shall cause the same to be rung at a distance of not less than eighty rods from the crossing of any public street, road or highway, under a penalty of one hundred dollars ($100) to be recovered by action in the name of the state in any court of competent jurisdiction, one-half of which shall go to the informer and the other half of which shall go to the state and such corporation shall also be liable for all damages which may be sustained by any person by reason of noncompliance with the provisions of this section.]

          A. Every railroad corporation shall require that the locomotive whistle be sounded and the locomotive bell be rung by trains approaching a grade crossing. The public regulation commission shall ensure that warning devices and the manner of warning comply with federal standards governing railroad safety. Violators of this subsection shall be fined one hundred dollars ($100), one-half of which shall go to the informer and one-half of which shall go to the state. The railroad corporation shall also be liable for damages sustained as a result of noncompliance with the provisions of this section.

          B. Notwithstanding the provisions of Subsection A of this section, municipalities and counties shall have the authority to enter into agreements with federal agencies that regulate railroads to design and implement safety measures, without using audible warnings from locomotives, to protect persons crossing at grade crossings. If a non-audible warning agreement is in place, a railroad and its agents and employees shall not be liable for damages for injuries alleged to have been caused in whole or in part by failure to give an audible warning."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004

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