Second Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06-0176.01 Jery Payne           HOUSE BILL 06-1035
                    HOUSE SPONSORSHIP
 Ragsdale,  Green, and Larson
 
                   SENATE SPONSORSHIP
 May R.,  and Williams
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning motor vehicles required to stop before crossing
            at grade railroad tracks.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Transportation Legislation Review Committee.  Requires a
       commercial vehicle that transports passengers to stop before crossing
       railroad tracks.  Requires a school bus, commercial vehicle transporting
       passengers, and vehicle carrying hazardous materials to stop before
       crossing railroad tracks within a residential area.  Requires such vehicles
       to stop even when the railroad crossing has a gate or flashing lights.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  42-4-707 (1), (2), and (4) (a), Colorado Revised
       Statutes, are amended to read:
            42-4-707.  Certain vehicles must stop at railroad grade
       crossings.  (1)  Except as otherwise provided in this section, the driver of
       any a school bus, as defined in paragraph (b) of subsection (5) of this
       section, carrying any schoolchild, or the driver of any a vehicle
       carrying hazardous materials which that is required to be placarded in
       accordance with regulations issued pursuant to section 42-20-108, or the
       driver of a commercial vehicle transporting passengers, before
       crossing at grade any tracks of a railroad, shall stop such vehicle within
       fifty feet but not less than fifteen feet from the nearest rail of such
       railroad and while so stopped shall listen and look in both directions
       along such track for any approaching train and for signals indicating the
       approach of a train and shall not proceed until the driver can do so safely. 
       After stopping as required in this section and upon proceeding when it is
       safe to do so, the driver of any said vehicle shall cross only in such gear
       of the vehicle that there will be no necessity for changing gears while
       traversing such crossing, and the driver shall not manually shift gears
       while crossing the tracks.
            (2)  This section shall not apply at street railway grade crossings
       within a business or residence district.
            (4)  Subsection (1) of this section shall not apply at:
            (a)  Any railroad grade crossing protected by crossing gates or an
       alternately flashing light intended to give warning of the approach of a
       railroad train as provided in section 42-4-706;
            SECTION 2.  Effective date - applicability.  This act shall take
       effect July 1, 2006, and shall apply to acts committed on or after said
       date.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.