Page:United States Statutes at Large Volume 122.djvu/4898

 12 2 STA T .4875PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 section2 2 501( 2 ) o f t h is ch ap te r.Am o u nts appropriate d pursuant to this section sha l l remain a v aila b le until e x pended. ’ ’. (b) CONF O RMI N G AM E N D MEN T . —T he subtitle anal y sis for sub - title V is amended by insertin g after the item relating to chapter 22 3 the follo w ing

‘ 2 2 5.Fed e ralg ra nts t oS tates f or hi gh w a y- rail grade c rossing safety ..............225 01’ ’. SEC.208 . TR ES PA SSER PRE V E N T IO NAN DH I G H W A Y- RAI L GRADE CROSSING SA F ETY. (a) TRE SPA SSER P RE V ENTION AND H IG HW A Y - R AI LG RADE CROSSING W ARNING S IGN VIOLATIONS.—Section 20151 is amended— (1) by stri k ing the section heading and inserting the fol- lowing: ‘ ‘ §2015 1 .Railro a dt r esp assi ng,v andalis m , and h igh w a y- rail grade c rossing warning sign violation prevention strategy ’ ’ (2) by striking subsection (a) and inserting the following: ‘ ‘(a) E VAL U ATION OF E X ISTING L AWS.— I n consultation with affected parties , the Secretary of Transportation shall evaluate and review current local, State, and F ederal laws regarding trespassing on railroad property, vandalism affecting railroad safety, and viola- tions of highway-rail grade crossing signs, signals, markings, or other warning devices and develop model prevention strategies and enforcement laws to be used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be completed within 1 year after the date of enactment of the Rail Safety Improvement Act of 200 8 . The Secretary shall revise the model prevention strategies and enforcement codes periodically.’’ (3) by inserting ‘‘FOR TRESPASSING AND VANDALISM PREVEN- TION’’ in the subsection heading of subsection (b) after ‘‘ O UT- REA C H PROGRAM’’; ( 4 ) in subsection (c)— (A) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and ( B ), respectively; (B) by inserting ‘‘(1)’’ after ‘‘ M ODEL LEGISLATION.— ’’; and (C) by adding at the end the following new paragraph: ‘‘(2) N ot later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available to State and local governments model State legislation providing for civil or criminal penalties, or both, for violations of highway-rail grade crossing signs, signals, markings, or other warning devices.’’; and (5) by adding at the end the following new subsection: ‘‘(d) D EFINITION.—In this section, the term ‘violation of high- way-rail grade crossing signs, signals, markings, or other warning devices’ includes any action by a motorist, unless directed by an authori z ed safety officer— ‘‘(1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks; ‘‘(2) to drive through a flashing grade crossing signal; ‘‘(3) to drive through a grade crossing with passive warning signs without ensuring that the grade crossing could be safely crossed before any train arrived; and Deadlin e . Deadline. 49USC2015 1.

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