House Bill 980

AN ACT TO REQUIRE RAILROAD COMPANIES TO REMOVE VEGETATION WITHIN A CERTAIN DISTANCE OF HIGHWAY RAILROAD GRADE CROSSINGS; TO PROVIDE THAT IN CIVIL ACTIONS TO RECOVER DAMAGES SUSTAINED IN COLLISIONS OF MOTOR VEHICLES WITH RAILROAD TRAINS, THE QUESTION OF WHETHER THE RAILROAD COMPANY'S FAILURE TO REMOVE SUCH VEGETATION WAS THE PROXIMATE CAUSE OF THE INJURY SHALL BE INITIALLY DETERMINED BY THE JUDGE; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PERIODICALLY INSPECT AND EVALUATE ALL PUBLIC HIGHWAY RAILROAD GRADE CROSSINGS TO DETERMINE IF THE RAILROAD COMPANY IS IN COMPLIANCE WITH THIS ACT AND TO NOTIFY RAILROAD COMPANIES OF ANY SUCH NONCOMPLIANCE; TO PROVIDE CIVIL FINES FOR RAILROAD COMPANIES THAT FAIL TO COMPLY WITH THE PROVISIONS OF THIS ACT; TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL HAVE EXCLUSIVE AUTHORITY TO BRING A CIVIL ACTION TO ENFORCE THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) At all public highway railroad grade crossing that do not have automatic flashing lights and/or

gates where vegetation would materially obstruct the view of a vehicle operator exercising reasonable care of a train approaching a grade crossing from either direction, every railroad, as is reasonably practical, shall remove from its right-of-way which it owns or operates, such vegetation as weeds, brush, climbing vines, shrubbery and trees, for a distance of not less than three hundred (300) feet in each direction from the centerline of the public road or highway, unless the authorized train speed is ten (10) miles per hour or less, in which case the distance from the centerline of the public road or highway shall be not less than one hundred (100) feet. At the outer edges of the public road or highway, the vegetation shall be removed to a width of twenty-five (25) feet on each side of the centerline of the railroad or to the full width of the railroad's operating right-of-way whichever is shorter. The area cleared of vegetation may be tapered inward from its full width at the involved roadway to the outer limits of the area being cleared so as to create a triangle, or it may be cleared at a constant width so as to from a rectangle.

(2) In the trial of all civil actions to recover damages for personal injuries, wrongful death damages and/or property damages sustained by a motorist or passenger in a motor vehicle resulting from a collision of the vehicle and a railroad train or motorized equipment in which action it is alleged the railroad violated any of the provisions of subsection (1) of this section, the question whether or not the railroad violated subsection (1) of this section, and whether the violation was the sole or proximate cause of the accident and injury shall initially be considered by the judge and a determination made as to whether the questions should be submitted to the jury for a decision. The violation of subsection (1) or this section shall not of itself be grounds for recovery, and the comparative negligence statue and prima facie statute of this state shall apply in these cases as in other cases of negligence.

(3) This section does not change or modify the duties of the operator of a vehicle as set forth in Section 77-9-249 or its application.

(4) The Department of Transportation may periodically inspect and evaluate all public highway railroad grade crossings to determine whether such grade crossings are maintained in compliance with the provisions of this section. It the department determines that a particular grade crossing is not in compliance, the department shall notify the railroad company which owns or operates the right-of-way that a grade crossing is not in compliance with this section.

(5) Every notification to a railroad company, as authorized under the provisions of this section shall be in writing transmitted by certified mail, return receipt requested, to the person listed as the registered agent of the railroad company for service of process. Upon receipt of the notice, the railroad company shall have thirty (30) days to comply with the notice before any civil action may be taken by the Department of Transportation.

(6) Any railroad company that fails to comply with the provisions of this section shall be subject to a civil fine of not to exceed Five Hundred Dollars ($500.00) per violation. The Department of Transportation shall have the exclusive authority to bring a civil action to enforce the provisions of this section. The fines shall be payable to the Department of Transportation.

(7) In any civil action to recover damages arising from or out of a highway railroad grade crossing accident, the failure of the Department of Transportation to inspect and evaluate a public highway railroad grade crossing and notify a railroad company of noncompliance, as provided in subsections (4) and (5) of this section, shall not be considered as comparative negligence and shall not be discoverable or admissible as evidence in any civil trial.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.