SB 18-FN - AS INTRODUCED
2003 SESSION
03/09
SENATE BILL SB 18-FN
AN ACT relative to vehicle stops at railroad grade crossings.
SPONSORS: Sen. Barnes, Dist 17; Rep. Bishop, Rock 74; Rep. D. Smith, Rock 74; Rep. Weldy, Rock 74
This bill requires the driver of a school bus to stop at railroad grade crossings unless exempt by order of the commissioner of transportation. Current law requires such stops only when the school bus is carrying school children.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0289
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to vehicle stops at railroad grade crossings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Certain Vehicles Must Stop at All Railroad Grade Crossings; School Buses. Amend RSA 265:50, I-II to read as follows:
I. The driver of any vehicle carrying passengers for hire, or of any school bus [carrying any school child], or of any vehicle carrying explosive substances, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 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, except as hereinafter provided, and shall not proceed until he or she can do so safely. After stopping as required herein 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 shift gears while crossing the track or tracks.
II. No stop need be made at any such crossing when a police officer or a traffic control signal directs traffic to proceed, or by vehicles engaged in the common or contract carriage of passengers for hire, or school buses [transporting school students], when such vehicles or buses are exempt by order of the commissioner of transportation.
2 Effective Date. This act shall take effect January 1, 2004.
LBAO
03-0289
12/11/02
SB 18-FN - FISCAL NOTE
AN ACT relative to vehicle stops at railroad grade crossings.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council and the Association of Counties have stated this bill may increase state and county expenditures by an indeterminable amount in FY 2004 and each year thereafter. There will be no fiscal impact on local expenditures or state, county and local revenues.
METHODOLOGY:
The Judicial Branch stated the fiscal impact of this bill depends on how many prosecutions are brought pursuant to the statute, if enacted. On the assumption that not many prosecutions will be brought, the fiscal impact on the Branch will be minimal.
The Judicial Council stated the first offense committed would not result in the appointment of counsel as there is no right to counsel for an offense that does not carry the imposition of jail time. It would only be the commission of the second offense in a given calendar year, that the misdemeanor charge would create the opportunity for the appointment of counsel. The Council assumes that the first offense violation, would in itself, serve as a means to deter the commission of the offense additional times, thereby limiting the potential for the subsequent misdemeanor charge, and the cost associated with the representation at the misdemeanor level. If an individual is determined to be eligible for appointment of counsel the statutory scheme of appointment of counsel is as follows. In the first instance the public defender, then contract attorneys would be assigned to the case at the contract flat fee rate of $250 per misdemeanor charge. If an assigned counsel attorney must be used, the $60 hourly rate will apply to the cost of the case, with a fee cap of $1000. The fee cap may be waived.
The Association of Counties stated the fiscal impact of this bill depends on how many individuals are sentenced to a county house of corrections pursuant to the statute, if enacted. The Association has estimated the average annual cost to incarcerate an individual in a county house of corrections to be $21,634.