NJ grade crossing accident bill introduced

Would this bill require holding all trains unless and until the FRA arrives or waives investigation? When/whom decides when trains can move under present NJ practice?

---Ken

SENATE, No. 1918
STATE OF NEW JERSEY
211th LEGISLATURE
INTRODUCED OCTOBER 4, 2004
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
SYNOPSIS

Establishes guidelines for police action at scene of railroad grade crossing accidents and requires reports to federal government; requires DOT Commissioner to request money from Transportation Trust Fund to make safety improvements to grade crossings.

CURRENT VERSION OF TEXT

As introduced.


An Act concerning transportation safety and supplementing Title 27 and chapter 12 of Title 48 of the Revised Statutes.


Be It Enacted by the Senate and General Assembly of the State of New Jersey:



1. The Legislature finds and declares:

a. Investigations of accidents at railroad grade crossings and areas of railroad tracks having pedestrian traffic fall under the purview of the Federal Railroad Administration. While the Federal Railroad Administration has done an admirable job in carrying out its duties in the public interest, at times railroad accidents at these crossings and areas go unreported to that body.

b. As State or local police are more likely to be the first to arrive at the scene of a railroad accident, they should be authorized, in addition to carrying out their duties of aiding any accident victims and detecting any instances of criminal activity, to further exercise the State's police power by protecting the scene of the accident from further disturbance, and preserving and documenting all evidence pertaining to the accident until such time as a representative of the Federal Railroad Administration arrives at the scene of the accident.

c. The timely response of State or local police officers at the accident scene also enables the State or local police to file an accurate and timely report of the accident to the New Jersey Department of Transportation.

d. The accurate and timely reporting of railroad accident information to the New Jersey Department of Transportation will enable that department to better understand the cause or causes of railroad accidents and make appropriate changes to railroad crossings and areas to enhance the safety of those crossings and areas for New Jersey pedestrians and drivers.



2. In the event of an accident at crossings, where a track or tracks of any railroad cross at grade with any public highway, and areas of track having pedestrian traffic, local police, or State police if they have responsibility for local police functions, are authorized to enter such crossings and areas and surrounding property and, in addition to exercising those powers otherwise authorized by law, shall, if entering such crossings and areas, protect the scene of the accident from any further disturbance, and preserve and document all evidence pertaining to the accident and remain in the area until such time as a representative of the Federal Railroad Administration arrives at the scene or the Federal Railroad Administration notifies the appropriate New Jersey authorities that it is not investigating the accident, whichever is first.



3. The local police, or State police as appropriate, shall make a report of the accident to the Department of Transportation. The report shall include, but not be limited to, information on the death, injury, or illness of any railroad employee, passenger, person not on the train, or person on or adjacent to the right-of-way of the railroad. The report shall also include the names and addresses of any witnesses and a picture or description or both of the railroad equipment at the scene of the accident, the height of vegetation and the condition of warning signs, lights, gates and similar safety equipment. The report shall be retained by the Department of Transportation for at least two years from the date of receipt. A copy of the report shall be transmitted to the Federal Railroad Administration.



4. Any person who shall impede the State or local police, or transit police officers or railroad or railway police officers, in the exercise of their duties with respect to protecting the scene of the accident, or preserving or documenting evidence pursuant to section 2 of this act or in the making of an accident report to the Department of Transportation pursuant to section 3 of this act, shall be subject to a civil penalty of not less than $550 nor more than $11,000 for such violation. The penalty shall be enforced pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).



5. Nothing in this act shall be construed as affecting the powers and duties of transit police officers or railroad or railway police officers or precluding them from investigating the scene of a railroad accident. If transit police officers or railroad or railway police officers arrive on the scene of a railroad accident, prior to, or while local police or State police are carrying out their duties under this act, the police duties under this act shall be exercised by the transit police officers or railroad or railway police officers with such assistance as they may request from local or State police on the scene.



6. The Commissioner of Transportation shall include in the Annual Transportation Capital Program submitted to the Legislature pursuant to section 22 of P.L.1984, c.73 (C.27:1B-22) the number of accidents reported pursuant to this act in the previous year and the efforts the department has undertaken to improve the crossings or areas in question. The commissioner shall request such funds in the program as may be necessary to effectuate needed safety improvements to railroad crossings or areas.



7. This act shall take effect immediately.



STATEMENT



The bill authorizes local police, or State police where they exercise local police functions, through the exercise of the State's police power, to enter railroad grade crossings and areas of railroad tracks having pedestrian traffic and surrounding property, in the event of a railroad accident in order to protect the scene of the accident from any further disturbance, preserve and document all evidence pertaining to the accident and remain in the area until such time as a representative of the Federal Railroad Administration (FRA) arrives on the scene or the FRA notifies the appropriate New Jersey authorities that it is not investigating the accident. If transit police officers or railroad or railway police officers arrive on the scene prior to, or while the local or State police are exercising their duties under this bill, the transit police officers or railroad police officers are to carry out the police duties under this bill, with assistance from local or State police.

This bill is strange. If the FRA thought that trains should stay put until the FRA says it is O.K. to move then I figure the FRA would enact a regulation to that effect. Why does the FRA need some NJ state senator to "help them out?"

Shame, I was hoping the Legislature would be providing relief to railroads from grade crossing related litigation. Railroads should be provided with full imunity from lawsuits except in a very few number of cases and any person bringing suit whose case does not pass muster should be forced to re-emburse the railroad for the cost to defend itself.

There is rarely an excuse for a pedestrian or vehicle to ever get caught in front of a train.

I have a better and more simple bill to propose:

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares:

a. Railroad grade crossings are inherently dangerous to pedestrians, passengers in motor vehicles and in rail vehicles.

2. All grade crossings on state, county and municipal property should be eliminated by:

a. Tunneling beneath the railroad right of way.

b. Building roadway overpasses with clearance sufficient to permit the installation of overhead electric catenary systems and to allow passage of double-height railroad vehicles.

3. All grade crossings must be eliminated by 2014.

4. This act shall take effect immediately.

You left out the funding.

Sorry Gandy Dancer, but with your bill the only trackage left in NJ by 2014 would be the North East Corridor.

Actually, what you will do with the Newest transit lines, the Riverline and HBLRT, let along thousands of kms of branchline, secondary routes, and even simple industrial spurs? Just take a look at the Raritan Central, and you'd quickly realize your idea is a non-starter (not to say NJ shouldn't work toward grade separation where fesible)

I did like the automatic exnoration of railroad liability at correctly maintained grade crossing concept mentioned in a previous post.

Ken W2KB wrote:You left out the funding.

Oh, yes.

I forgot to mention that I'm an advocate of big government spending. It doesn't matter if the Dems get in and raise taxes or if the Repubs get in and sell junk bonds.

Spending spurs economic growth. Spend and Build, Baby!

GandyDancer wrote:

Ken W2KB wrote:You left out the funding.

Oh, yes.

I forgot to mention that I'm an advocate of big government spending. It doesn't matter if the Dems get in and raise taxes or if the Repubs get in and sell junk bonds.

Spending spurs economic growth. Spend and Build, Baby!

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At the rate NJ is going, with help from both the republicans and democrats, all state bonds will be junk bonds. Junk bonds indicate that the credit of the issuer isn't very strong. Taxpayers, as a result, have to pay higher interest rates to unload the crap...

State bonds are usually "full faith and credit" bonds, which means that the taxing authority of the State is pledged to the debt service. Such bonds can't ever become junk since the State has to collect taxes to pay them. However, some issues of bonds are not, and perceived as higher risk. In either event, the the taxpayer is stuck with the obligation, directly or indierectly.

Ken W2KB wrote:State bonds are usually "full faith and credit" bonds, which means that the taxing authority of the State is pledged to the debt service. Such bonds can't ever become junk since the State has to collect taxes to pay them. However, some issues of bonds are not, and perceived as higher risk. In either event, the the taxpayer is stuck with the obligation, directly or indierectly.

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Not precisely true, Ken. Many states choose not to raise taxes (like NJ) or can't raise many taxes by law (CA). As they increase borrowing, the debt coverage ratio will be reduced, taking the bond rating with it.

The quality of the tax funding streams will vary significantly by states, which is why some states are highly rated, and others, like NY, CA and NJ are relatively low rated. Where the bond stands in the hierarchy (who gets paid first) also matters in the rating.

NJ GO bonds used to be highly rated, they're not any more. AA- now, prob single A plus in early 2005. A few uninsured bonds, like the GOs of 1998, are single A plus already.

The NJ Transit bonds are insured by Ambac, which gives them AAA ratings. Fitch places them as single A plus without the insurance

I believe that is because in recent years NJ has likely not issued bonds secured by the state's taxing power, instead opting to issue revenue bonds. To the extent that the bond indenture provides that the state must take whatever actions are needed to raise taxes, it must so so and the bonds will likely be AAA or close to that. Note that even in California, if the bonds are approved by a specific question by voters, that trumps any intiative and referendum on raising taxes. I suspect that CA voters simply won't approve any such provision, though.

How about more funding for Operation Life Saver for our school-children.

And for ignorant adults: mandatory Common Sense classes when obtaining a new or renewing an existing driver's license. Why is it that "stop, look and listen" is a concept as foreign as quantum physics to most people?

I think in the timetables, they should put a cross for every person killed around that station over the past say 20 years next to the station name on the map on the back with the bus connections, etc. That, along with a sobering message from OL would i think make an impact.

Jtgshu wrote:I think in the timetables, they should put a cross for every person killed around that station over the past say 20 years next to the station name on the map on the back with the bus connections, etc. That, along with a sobering message from OL would i think make an impact.

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In Arizona, New Mexico, etc, they errect little shrines where people have been killed on the highways. Seeing 5-6 little crosses on the side of a curve means more than a "curve" sign, at least to me.

Maybe NJT oughta put little crosses where people committed suicide by stupidity...

Jtgshu wrote:I think in the timetables, they should put a cross for every person killed around that station over the past say 20 years next to the station name on the map on the back with the bus connections, etc. That, along with a sobering message from OL would i think make an impact.

Interesting idea. I don't think it should be done permanently, but maybe once a year or every couple of years otherwise people would become accustomed to seeing all the Xs. By having them and taking them away and then reintroducing them later, it would reinforce and remind them of it. An Operation Lifesaver schedule issued once a year so to speak. That would CERTAINLY increase public awareness about it and it would CERTAINLY make an impact. But, that might be to grim for NJT to do after all, they want to keep their appearance up. But, I would be all for it.