§ 327G.32 — Blocking highway crossing

Iowa § 327G.32

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 327G: RAILROAD RIGHTS-OF-WAY, CROSSINGS, TRACKS, AND FENCING

Text

1. A railroad corporation or its employees shall not operate a train in such a manner as
to prevent vehicular use of a highway, street, or alley for a period of time in excess of ten
minutes except in any of the following circumstances:
a. When necessary to comply with signals affecting the safety of the movement of trains.
b. When necessary to avoid striking an object or person on the track.
c. When the train is disabled.
d. When necessary to comply with governmental safety regulations including but not
limited to speed ordinances and speed regulations.
7 RAILROAD RIGHTS-OF-WAY, CROSSINGS, TRACKS, AND FENCING, §327G.62
2. a. An officer or employee of a railroad corporation violating a provision of this section
is, upon conviction, subject to a schedule “two” penalty under section 327C.5.
b. Anemployeeisnotguiltyofaviolationiftheemployee’sactionwasnecessarytocomply
with the direct order or instructions of a railroad corporation or its supervisors. Guilt is then
with the railroad corporation.
3. Other portions of this section notwithstanding, a political subdivision may pass an
ordinance regulating the length of time a specific crossing may be blocked if the political
subdivision demonstrates that an ordinance is necessary for public safety or convenience.
If an ordinance is passed, the political subdivision shall, within thirty days of the effective
date of the ordinance, notify the department and the railroad corporation using the crossing
affected by the ordinance. The ordinance does not become effective unless the department
and the railroad corporation are notified within thirty days. The ordinance becomes
effective thirty days after notification unless a person files an objection to the ordinance
with the department. If an objection is filed, the department shall notify the department
of inspections, appeals, and licensing which shall hold a hearing. After a hearing by the
department of inspections, appeals, and licensing, the state department of transportation
may disapprove the ordinance if public safety or convenience does not require the ordinance.
The decision of the state department of transportation is final agency action. The ordinance
approved by the political subdivision is prima facie evidence that the ordinance is adopted
to preserve public safety or convenience.
4. The department of inspections, appeals, and licensing when considering rebuttal
evidence shall weigh the benefits accruing to the political subdivision as they affect the
general public use compared to the burden placed on the railroad operation. Public safety
or convenience may include, but is not limited to, high traffic density at a specific crossing
of a main artery or interference with the flow of authorized emergency vehicles.
5. A resolution regulating the length of time a specific crossing may be blocked, which
was adopted before July 1, 1989, is an ordinance for the purposes of this section.

Legislative History

[C77, 79, 81, §327G.32; 81 Acts, ch 22, §20, 22]