S*93 Session 107 (1987-1988)
S*0093(Rat #0330, Act #0319 of 1988) General Bill, By I.E. Lourie
A Bill to amend Section 58-17-1450, Code of Laws of South Carolina, 1976,
relating to examination of railroad crossings by county supervisors, so as to
assign the responsibility to examine crossings to the Department of Highways
and Public Transportation, counties, and municipalities, to require reports of
roads for which the counties and municipalities are responsible to be made to
the Department and of hazards to be made to highway engineers who shall direct
the railroad to remove the hazard, to require the railroad to remove hazards
and erect crossbucks within rights-of-way, to require counties,
municipalities, and private persons to remove hazards outside rights-of-way
and to require annual reports of inspections by counties, municipalities, and
the department, to provide for the payment of safety-related expenses, and to
provide civil penalties for noncompliance and to repeal Sections 58-17-1400,
58-17-1460, 58-17-1470, 58-17-1480, 58-17-1490, and 58-17-1500 relating to
duties of county supervisors relative to railroad safety.-amended title
10/06/86 Senate Prefiled
10/06/86 Senate Referred to Committee on Transportation
01/13/87 Senate Introduced and read first time SJ-70
01/13/87 Senate Referred to Committee on Transportation SJ-70
03/31/87 Senate Committee report: Favorable with amendment
Transportation SJ-1081
04/01/87 Senate Amended SJ-1121
04/01/87 Senate Read second time SJ-1122
04/01/87 Senate Ordered to third reading with notice of
amendments SJ-1122
04/02/87 Senate Read third time and sent to House SJ-1148
04/07/87 House Introduced and read first time HJ-1631
04/07/87 House Referred to Committee on Education and Public
Works HJ-1631
01/12/88 House Committee report: Favorable with amendment
Education and Public Works HJ-223
01/14/88 House Debate adjourned until Wednesday, January 20,
1988 HJ-421
01/20/88 House Debate adjourned until Wednesday, January 27,
1988 HJ-439
01/28/88 House Amended HJ-763
01/28/88 House Read second time HJ-767
02/02/88 House Read third time HJ-857
02/02/88 House Returned HJ-857
02/03/88 Senate House amendment amended SJ-18
02/03/88 Senate Returned SJ-18
02/10/88 House Concurred in Senate amendment and enrolled HJ-1052
02/18/88 Ratified R 330
02/24/88 Signed By Governor
02/24/88 Effective date 02/24/88
02/24/88 Act No. 319
03/08/88 Copies available
(A319, R330, S93)
AN ACT TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO EXAMINATION OF RAILROAD CROSSINGS BY COUNTY SUPERVISORS, SO AS TO
ASSIGN THE RESPONSIBILITY TO EXAMINE CROSSINGS TO THE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION, COUNTIES, AND MUNICIPALITIES, TO REQUIRE REPORTS OF ROADS
FOR WHICH THE COUNTIES AND MUNICIPALITIES ARE RESPONSIBLE TO BE MADE TO THE
DEPARTMENT AND OF HAZARDS TO BE MADE TO HIGHWAY ENGINEERS WHO SHALL DIRECT THE
RAILROAD TO REMOVE THE HAZARD, TO REQUIRE THE RAILROAD TO REMOVE HAZARDS AND
ERECT CROSSBUCKS WITHIN RIGHTS-OF-WAY, TO REQUIRE COUNTIES, MUNICIPALITIES, AND
PRIVATE PERSONS TO REMOVE HAZARDS OUTSIDE RIGHTS-OF-WAY AND TO REQUIRE ANNUAL
REPORTS OF INSPECTIONS BY COUNTIES, MUNICIPALITIES, AND THE DEPARTMENT, TO
PROVIDE FOR THE PAYMENT OF SAFETY-RELATED EXPENSES, AND TO PROVIDE CIVIL
PENALTIES FOR NONCOMPLIANCE AND TO REPEAL SECTIONS 58-17-1400, 58-17-1460,
58-17-1470, 58-17-1480, 58-17-1490, AND 58-17-1500 RELATING TO DUTIES OF COUNTY
SUPERVISORS RELATIVE TO RAILROAD SAFETY.
Be it enacted by the General Assembly of the State of South Carolina:
Railroad safety requirements
SECTION 1. Section 58-17-1450 of the 1976 Code is amended to read:
"Section 58-17-1450. All railroad crossings on public highways must be
inspected for conditions which unsafely obstruct motorists' view of approaching
trains, for the presence of crossbucks prescribed by Section 58-17-1390, and for
the presence of stop signs authorized by law to be placed at railroad crossings.
The Department of Highways and Public Transportation hereinafter referred to as
the Department, is responsible for inspecting railroad crossings on state
maintained highways, the governing body of each county is responsible for
inspecting railroad crossings on county maintained roads, and the governing body
of each municipality is responsible for inspecting railroad crossings on road and
street rights-of-way maintained by municipalities. The Department shall inform
counties and municipalities of the railroad crossings they are responsible for
inspecting. By January 1, 1989, the governing body of each county and
municipality must notify the Department of the office and public official to whom
the governing body has assigned responsibility for performing the inspections.
If the person inspecting a railroad crossing finds that the required crossbucks
are not in place, properly in place or maintained, or finds that motorists' view
of approaching trains is unsafely obstructed by vegetation, growth, or objects
not permanently affixed to realty which are within the right-of-way of the
railway, the person inspecting the crossing must immediately notify the State
Highway Engineer of the hazard. The notice must identify the crossing and
describe the hazard. The inspector in the notice shall also inform the State
Highway Engineer whether or not there is a stop sign at the crossing and, if not,
whether or not in his opinion one should be added. Upon receipt of notice from
the person inspecting the crossing, the Department must give written notice of
the hazard immediately by certified mail to any officer or registered agent of
the railroad within the State. Notice from the Department shall direct the
railroad to cut or remove the vegetation, growth, and objects not permanently
affixed to realty that are obstructing motorists' view or to erect, maintain, or
properly situate crossbucks. The Department must also notify the governing body
of any county or municipality which maintains the highways or roadways at the
crossing that the inspector stated in his opinion that a stop sign should be
added at the crossing.
Removal and elimination of obstructions must be made by the responsible
railroad within thirty days of receipt of notification from the Department.
Erection of crossbucks and measures to properly place and maintain crossbucks
must be performed by the responsible railroad within ten days of receipt of
notification from the Department. Failure of the railroad company to remove or
eliminate the obstruction within the railroad's right-of-way and to erect or
properly place and maintain crossbucks within the specified time period subjects
the railroad company to a civil penalty of not less than one hundred dollars nor
more than five hundred dollars. The railroad company is subject to an additional
civil penalty of one hundred dollars a day for each day obstructions remain after
the specified period and for each day crossbucks are not erected or properly
placed and maintained after the specified period.
The person initially inspecting the railroad crossing is responsible for
inspecting the crossing at appropriate intervals after notice to the railroad of
the hazard to determine if obstructions have been eliminated and crossbucks
properly placed and serviced within the period allowed before civil penalties may
be assessed.
If the person inspecting the railroad crossing finds that motorists' view of
approaching trains is obstructed by vegetation, growth, or objects not
permanently affixed to realty that lie outside the right-of-way of the railroad
but within right-of-way of highways and roads maintained by the State, county,
or municipality, the person inspecting the railroad crossing must immediately
give written notice of the hazard to the appropriate department of the State,
county, or municipality, upon whose right-of-way the obstruction exists. If the
obstruction is on the right-of-way maintained by a county or municipality, the
person inspecting the crossing must also give immediate written notice of the
hazard to the State Highway Engineer.
The Department, counties, and municipalities have thirty days from issuance of
the written notice by the person inspecting the crossing to eliminate the
obstructions within their respective rights-of-way.
The person initially inspecting the railroad crossing is responsible for
inspecting the crossing after notice of the hazard has been given and reporting
to the Department the date upon which obstructions are eliminated. If counties
or municipalities do not eliminate the obstructions within thirty days of receipt
of notification, the Department must remove or eliminate the obstructions.
Counties and municipalities must reimburse the Department of Highways and Public
Transportation for the Department's cost in eliminating the obstructions.
If the person inspecting the railroad crossing finds that motorists' view of
approaching trains is obstructed by vegetation, growth, or objects not
permanently affixed to realty that lie on private property outside the
right-of-way of the railroad and outside the highway or road right-of-way of the
State, county, or municipality, he must immediately give written notice of the
hazard to the owner of the property and to the appropriate agency of the State,
county, or municipality which maintains that highway or roadway. The owner of
the property has thirty days after receipt of the notice to eliminate the
obstructions and the inspector shall reinspect the crossing after this thirty-day
period has expired to determine if the obstructions have been eliminated.
By January first of each year, counties and municipalities must report all
railroad crossings that were inspected during the preceding year and at which no
obstructions were found to the Department. The Department must make an annual
report of inspections conducted during the preceding year. The annual report
must be provided to the Senate Transportation Committee and the Education and
Public Works Committee of the House of Representatives."
Sections repealed
SECTION 2. Sections 58-17-1400, 58-17-1460, 58-17-1470, 58-17-1480, 58-17-1490,
and 58-17-1500 of the 1976 Code are repealed.
Effect on prior liability
SECTION 3. Nothing contained in this act shall be construed to increase,
diminish, or otherwise affect liability with respect to provisions of law in
force and effect pertaining to railroad crossings in this State prior to the
enactment of this act.
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |