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(Source: U.S. Department of Transportation press release, November 18, 2011)

WASHINGTON, D.C. — The Federal Railroad Administration (FRA), in collaboration with various government, labor and industry stakeholders, has developed model state legislation intended to strengthen penalties for motorists who violate state traffic safety laws governing highway-rail grade crossings.

If enacted by states, the law elevates certain traffic violations to misdemeanors and felonies if a motorist commits illegal activities at grade crossings, such as driving through, around, or under a crossing gate or barrier. The model law also proposes a penalty schedule based on whether there were passengers in a vehicle and if the violations resulted in bodily injury or death to other persons.

In 2010, 260 people were killed and 845 were seriously injured at the nation’s nearly 138,000 public highway-rail grade crossings. Development of the model state legislation was required by the Rail Safety Improvement Act of 2008.

The model legislation is available at:
www.fra.dot.gov/rrs/pages/fp_1798.shtml.