HOUSE BILL 782

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Bill B. O’Neill

AN ACT

RELATING TO RAILROADS; DECREASING THE DISTANCE BEFORE CERTAIN CROSSINGS THAT WHISTLES OR HORNS ARE REQUIRED TO BE BLOWN.

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. BELL TO BE RUNG AT HIGHWAY CROSSINGS.--[SEC. 53.]

          A. 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] whistle or horn to be rung or blown at a distance of not less than [eighty rods] one thousand three hundred twenty feet from the crossing of any public street, road or highway, [under] except that, if the crossing is within a designated quiet zone pursuant to federal railroad administration rules and the maximum allowed speed for a train using the crossing is equal to or less than forty miles per hour, the bell, whistle or horn shall be rung or blown not less than three hundred feet from the crossing.

          B. A railroad corporation violating a provision of Subsection A of this section shall be subject to 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]. The corporation shall also be liable for all damages [which] that may be sustained by any person by reason of noncompliance with the provisions of this section."

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