READ FIRST TIME 01/20/10.   

     AN ACT Relating to vehicles at railroad grade crossings; and amending RCW 46.61.350.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.61.350 and 1977 c 78 s 1 are each amended to read as follows:
     (((1) The driver of any motor vehicle carrying passengers for hire, other than a passenger car, or of any school bus or private carrier bus carrying any school child or other passenger, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen 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 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.
     (2) This section shall not apply at:
     (a) Any railroad grade crossing at which traffic is controlled by a police officer or a duly authorized flagman;
     (b) Any railroad grade crossing at which traffic is regulated by a traffic control signal;
     (c) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train;
     (d) Any railroad grade crossing at which an official traffic control device as designated by the utilities and transportation commission pursuant to RCW 81.53.060 gives notice that the stopping requirement imposed by this section does not apply.))
     (1)(a) The driver of any of the following vehicles must stop before the stop line, if present, and otherwise within fifty feet but not less than fifteen feet from the nearest rail at a railroad grade crossing unless exempt under subsection (3) of this section:
     (i) A school bus or private carrier bus carrying any school child or other passenger;
     (ii) A commercial motor vehicle transporting passengers;
     (iii) A cargo tank, whether loaded or empty, used for transporting any hazardous material as defined in the hazardous materials regulations of the United States department of transportation in 49 C.F.R. Parts 107 through 180 as it existed on the effective date of this section, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section. For the purposes of this section, a cargo tank is any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis;
     (iv) A cargo tank, whether loaded or empty, transporting a commodity under exemption in accordance with United States department of transportation in 49 C.F.R. Part 107, Subpart B as it existed on the effective date of this section, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section;
     (v) A cargo tank transporting a commodity that at the time of loading has a temperature above its flashpoint as determined by the United States department of transportation in 49 C.F.R. Sec. 173.120 as it existed on the effective date of this section, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section; or
     (vi) A commercial motor vehicle that is required to be marked or placarded with any one of the following classifications by the United States department of transportation in 49 C.F.R. Part 172 as it existed on the effective date of this section, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section:
     (A) Division 1.1, Division 1.2, Division 1.3, or Division 1.4;
     (B) Division 2.1, Division 2.2, Division 2.2 oxygen, Division 2.3 poison gas, or Division 2.3 chlorine;
     (C) Division 4.1 or Division 4.3;
     (D) Division 5.1 or Division 5.2;
     (E) Division 6.1 poison;
     (F) Class 3 combustible liquid or Class 3 flammable;
     (G) Class 7;
     (H) Class 8.
     (b) While stopped, the driver must listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train. The driver may not proceed until he or she can do so safely.
     (2) After stopping at a railroad grade crossing and upon proceeding when it is safe to do so, the driver must cross only in a gear that permits the vehicle to traverse the crossing without changing gears. The driver may not shift gears while crossing the track or tracks.
     (3) This section does not apply at any railroad grade crossing where:
     (a) Traffic is controlled by a police officer or flagger.
     (b) A functioning traffic control signal is transmitting a green light.
     (c) The tracks are used exclusively for a streetcar or industrial switching purposes.
     (d) The utilities and transportation commission has approved the installation of an "exempt" sign in accordance with the procedures and standards under RCW 81.53.060.
     (e) The crossing is abandoned and is marked with a sign indicating it is out-of-service.
     (f) The state patrol has, by rule, identified a crossing where stopping is not required.
     (g) The superintendent of public instruction has, by rule, identified a circumstance under which a school bus or private carrier bus carrying any school child or other passenger is not required to stop.
     (4) For the purpose of this section, "commercial motor vehicle" means: Any vehicle with a manufacturer's seating capacity for eight or more passengers, including the driver, that transports passengers for hire; any private carrier bus; any vehicle used to transport property that has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 pounds) or more; and any vehicle used in the transportation of hazardous materials as defined in RCW 46.25.010.