S0362B0288A00320 NAD:EJH 04/24/23 #90 A00320
AMENDMENTS TO SENATE BILL NO. 362
Sponsor: SENATOR VOGEL
Printer's No. 288
Amend Bill, page 1, lines 1 through 3, by striking out all of
said lines and inserting
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, in
budget and finance, further providing for county portion of
fines, etc.; in miscellaneous provisions, further providing
for railroad trains not to block crossings; and imposing
penalties.
Amend Bill, page 1, lines 6 through 19; page 2, lines 1
through 9; by striking out all of said lines on said pages and
inserting
Section 1. Section 3572 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3572. County portion of fines, etc.
(a) General rule.--Except as otherwise provided in this
subchapter, all fines, forfeited recognizances and other
forfeitures imposed, lost or forfeited and fees and costs
collected in the court of common pleas, or community court
established for a judicial district embracing a county, or in a
magisterial district within the county, or in the Philadelphia
Municipal Court, shall be payable to such county.
(b) Railroad trains not to block crossings.--Notwithstanding
any other provision of law, all fines collected under 75 Pa.C.S.
§ 3713(b) (relating to railroad trains not to block crossings)
shall be payable to the county in which the violation occurred.
The county shall use the fines collected for equipment, training
and similar expenses related to planning and preparedness for
emergency response efforts.
Section 2. Section 3713 of Title 75 is amended to read:
§ 3713. Railroad trains not to block crossings.
(a) General rule.--No person or government agency shall
operate any train in such a manner as to prevent vehicular use
of any roadway for a period of time in excess of five
consecutive minutes except under any of the following
circumstances:
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(1) When necessary to comply with signals affecting the
safety of the movement of trains.
(2) When necessary to avoid striking any object or
person on the track.
(3) When the train is [disabled.] experiencing a
mechanical or personnel issue due to no fault of the person
or government agency operating the train.
[(4) When the train is in motion except while engaged in
switching operations.
(5) When there is no vehicular traffic waiting to use
the crossings.]
(6) When necessary to comply with a governmental safety
regulation.
(b) Penalty.--A person who owns a train in violation of
subsection (a) commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of $1,000 per day for
each segment of the roadway in which the train prevents
vehicular use.
Section 3. This act shall take effect in 60 days.
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