MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Highways and Transportation; Judiciary, Division A

By: Senator(s) Dawkins

Senate Bill 2302

AN ACT TO AMEND SECTION 77-9-235, MISSISSIPPI CODE OF 1972, TO PROHIBIT ANY TRAIN, RAILROAD CAR OR EQUIPMENT, OR ENGINE FROM OBSTRUCTING VEHICULAR TRAFFIC AT A RAILROAD GRADE CROSSING UPON A PUBLIC STREET, ROAD OR HIGHWAY FOR A PERIOD IN EXCESS OF 20 CONSECUTIVE MINUTES; TO PROVIDE EXCEPTIONS TO SUCH PROHIBITION; TO PROVIDE FINES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 77-9-235, Mississippi Code of 1972, is amended as follows:

     77-9-235. * * *Every railroad company, upon stopping any train at a place where such railroad shall cross a highway, shall so uncouple its cars as not to obstruct travel upon such highway for a longer period than five (5) minutes.  Every railroad company shall, upon stopping a train at a place where the railroad is crossed by a street, so uncouple the cars as not to obstruct travel thereon for a longer period than shall be prescribed by ordinance of the city, town or village.  A failure to observe this section shall cause a railroad company to be liable to a fine of Fifty Dollars ($50.00) for each offense.  The conductor in charge of any train so violating the provisions of this section shall be liable to a fine of not less than Twenty‑five Dollars ($25.00) nor more than Fifty Dollars ($50.00), on conviction thereof. (1)  It is unlawful for any train, railroad car or equipment, or engine to obstruct vehicular traffic at a railroad grade crossing upon a public street, road or highway for a period in excess of twenty (20) consecutive minutes, except when such train, railroad car or equipment, or engine is moving or when such movement is prevented by any of the following:

(a)  A power brake failure or other mechanical failure;

(b)  A derailment or other accident;

(c)  A directive of the Federal Railway Administration; or

(d)  Circumstances over which the railroad company or carrier has no reasonable control, including, but not limited to, natural disasters or acts of third parties.

(2)  No employee performing his duties under the operating rules or orders of the railroad company or carrier or its supervisory personnel shall be prosecuted for any violation of this section.

(3)  Any rail carrier violating the provisions of subsection (1) of this section shall be fined as follows:

(a)  If the duration of the obstruction is in excess of twenty (20) minutes, but not longer than twenty-five (25) minutes, the fine shall be not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00);

(b)  If the duration of the obstruction is in excess of twenty-five (25) minutes, but not longer than thirty-five (35) minutes, the fine shall be Five Hundred Dollars ($500.00);

(c)  If the duration of the obstruction is in excess of thirty (30) minutes, but not longer than thirty-five (35) minutes, the fine shall be Seven Hundred Dollars ($700.00);

(d)  If the duration of the obstruction is in excess of thirty-five (35) minutes, but not longer than forty (40) minutes, the fine shall be Nine Hundred Dollars ($900.00);

(e)  If the duration of the obstruction is in excess of forty (40) minutes, but not longer than forty-five (45) minutes, the fine shall be One Thousand Dollars ($1,000.00); or

(f)  If the duration of the obstruction is in excess of forty-five (45) minutes, the fine shall be One Thousand Dollars ($1,000.00) plus an additional Five Hundred Dollars ($500.00) for each five (5) minutes of obstruction in excess of forty-five (45) minutes; however, the maximum fine shall not exceed Five Thousand Dollars ($5,000.00) for an obstruction which occurs within a twenty-four-hour period.

(4)  The provisions of this section shall be enforced by the Mississippi Department of Transportation.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.

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