House Bill 1161

(As Passed the House)

AN ACT TO AMEND SECTIONS 63-3-1007 AND 63-3-1013, MISSISSIPPI CODE OF 1972, TO INCLUDE OTHER ON-TRACK EQUIPMENT IN ADDITION TO TRAINS IN LAWS REGARDING MOTOR VEHICLES AND RAILROAD GRADE CROSSING SAFETY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-3-1007, Mississippi Code of 1972, is amended as follows:

63-3-1007. (1) Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train or other on-track equipment including, but not limited to, all hi-rail vehicles and on-track maintenance equipment, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest track of such railroad and shall not proceed until he can do so safely.

(2) The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train or other on-track equipment including, but not limited to, all hi-rail vehicles and on-track maintenance equipment. The violation of this section shall not of itself defeat recovery and the question of negligence or the violation aforesaid, shall be left to the jury and the comparative negligence statute and prima facie statute of this state shall apply in these cases as in other cases of negligence.

SECTION 2. Section 63-3-1013, Mississippi Code of 1972, is amended as follows:

63-3-1013. No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six (6) or less miles per hour or a vertical body or load clearance of less than nine (9) inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without notice of any such intended crossing first being given to a superintendent of such railroad and a reasonable time being given to such railroad to provide proper protection at such crossing.

Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of such railway and while so stopped shall listen and look in both directions along such track for any approaching train or other on-track equipment including, but not limited to, all hi-rail vehicles and on-track maintenance equipment and for signals indicating the approach of a train or other on-track equipment including, but not limited to, all hi-rail vehicles and on-track maintenance equipment, and shall not proceed until the crossing can be made safely.

No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car or other on-track equipment including, but not limited to, all hi-rail vehicles and on-track maintenance equipment.

SECTION 3. This act shall take effect and be in force from and after July 1, 2018.