§ 20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Federal Railroad Safety Authorization Act of 1994

   Pub. L. 103–440 title II § 219(a) · 108 Stat. 4615

   Enacted · 49 U.S.C. § 20151

   Added Pub. L. 103–440, title II, § 219(a), Nov. 2, 1994, 108 Stat. 4625

   Source evidence

   Code source credit
   Added Pub. L. 103–440, title II, § 219(a), Nov. 2, 1994, 108 Stat. 4625

   Enacted provision · exact public law section
   (a) Amendment.— Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following new section: “§ 20151. Railroad trespassing and vandalism prevention strategy “(a) Evaluation of Existing Laws.— In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property and vandalism affecting railroad safety, 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 Federal Railroad Safety Authorization Act of 1994. The Secretary shall revise such model prevention strategies and enforcement codes periodically. “(b) Outreach Program.— The Secretary shall develop and maintain a comprehensive outreach program to improve communications among Federal railroad safety inspectors, State inspectors certified by the Federal Railroad Administration, railroad police, and State and local law enforcement officers, for the purpose of addressing trespassing and vandalism problems on railroad property, and strengthening relevant enforcement strategies. This program shall be designed to increase public and police awareness of the illegality of, dangers inherent in, and the extent of, trespassing on railroad rights-of-way, to develop strategies to improve the prevention of trespassing and vandalism, and to improve the enforcement of laws relating to railroad trespass, vandalism, and safety. “(c) Model Legislation.— Within 18 months after the date of enactment of the Federal Railroad Safety Authorization Act of 1994, 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— “(1) civil or criminal penalties, or both, for vandalism of railroad equipment or property which could affect the safety of the public or of railroad employees; and “(2) civil or criminal penalties, or both, for trespassing on a railroad owned or leased right-of-way.”.

2. 1996

   Pub. L. 104–287 § 5(49) · 110 Stat. 3388

   Substituted · 49 U.S.C. § 20151(a); 49 U.S.C. § 20151(c)

   Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”

   Source evidence

   Code amendment note
   Subsecs. (a), (c). Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.

   Enacted provision · exact public law section
   (49) In sections 20145, 20146, and 20151(a) and (c), strike “the date of enactment of the Federal Railroad Safety Authorization Act of 1994” and substitute “November 2, 1994”.

3. 2008

   Pub. L. 110–432 § 208(a)(1) · 122 Stat. 4848

   Substituted · 49 U.S.C. § 20151

   Pub. L. 110–432, § 208(a)(1), substituted “Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy” for “Railroad trespassing and vandalism prevention strategy” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 110–432, § 208(a)(1), substituted “Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy” for “Railroad trespassing and vandalism prevention strategy” in section catchline.

   Enacted provision · exact public law section
   (1) by striking the section heading and inserting the following: “§ 20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy” ;

4. 2008

   Pub. L. 110–432 § 208(a)(2) · 122 Stat. 4848

   1. Added · 49 U.S.C. § 20151(a)

      Pub. L. 110–432, § 208(a)(2), added subsec. (a)

   2. Struck · 49 U.S.C. § 20151(a)

      Pub. L. 110–432, § 208(a)(2), struck out former subsec. (a). Prior to amendment, text read as follows: “In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property and vandalism affecting railroad safety, 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 November 2, 1994. The Secretary shall revise such model prevention strategies and enforcement codes periodically.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–432, § 208(a)(2), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property and vandalism affecting railroad safety, 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 November 2, 1994. The Secretary shall revise such model prevention strategies and enforcement codes periodically.”

   Enacted provision · exact public law section
   (2) by striking subsection (a) and inserting the following: “(a) Evaluation of Existing Laws.— In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property, vandalism affecting railroad safety, and violations 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 Deadline. first such evaluation and review shall be completed within 1 year after the date of enactment of the Rail Safety Improvement Act of 2008. The Secretary shall revise the model prevention strategies and enforcement codes periodically.” ;

5. 2008

   Pub. L. 110–432 § 208(a)(3) · 122 Stat. 4848

   Inserted · 49 U.S.C. § 20151(b)

   Pub. L. 110–432, § 208(a)(3), inserted “for Trespassing and Vandalism Prevention” after “Outreach Program” in heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–432, § 208(a)(3), inserted “for Trespassing and Vandalism Prevention” after “Outreach Program” in heading.

   Enacted provision · exact public law section
   (3) by inserting “for Trespassing and Vandalism Prevention” in the subsection heading of subsection (b) after “Outreach Program”;

6. 2008

   Pub. L. 110–432 § 208(a)(4) · 122 Stat. 4848

   1. Amended · 49 U.S.C. § 20151(c)

      Pub. L. 110–432, § 208(a)(4), designated existing provisions as par. (1)

   2. Redesignated · 49 U.S.C. § 20151(c)

      Pub. L. 110–432, § 208(a)(4), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1)

   3. Added · 49 U.S.C. § 20151(c)

      Pub. L. 110–432, § 208(a)(4), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 110–432, § 208(a)(4), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

   Enacted provision · exact public law section
   (4) in subsection (c)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting “(1)” after “Model Legislation.—”; and (C) by adding at the end the following new paragraph: “(2) Not Deadline. 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

7. 2008

   Pub. L. 110–432 § 208(a)(5) · 122 Stat. 4848

   Added · 49 U.S.C. § 20151(d)

   Pub. L. 110–432, § 208(a)(5), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–432, § 208(a)(5), added subsec. (d).

   Enacted provision · exact public law section
   (5) by adding at the end the following new subsection: “(d) Definition.— In this section, the term ‘violation of highway-rail grade crossing signs, signals, markings, or other warning devices’ includes any action by a motorist, unless directed by an authorized 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 “(4) in the vicinity of a grade crossing, who creates a hazard of an accident involving injury or property damage at the grade crossing.” .

10 of 10 references resolved to an enrolled provision