HB1752

To Amend The Law Concerning The Proceedings Against A Railroad Company For The Unlawful Delay Of A Train.

Failed

Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment

AI-Generated Summary

House Bill 1752 amends existing Arkansas law regarding the obstruction of public crossings by railroad trains. It extends the allowable time a train may obstruct a public crossing from 10 minutes to 15 minutes. The bill significantly accelerates the complaint and resolution process, shortening the timeframes for railroad responses to complaints from 45 days to 15 days, and reducing the time for the State Highway Commission to hold hearings from 60 days to 15 days. It increases the penalties for unlawful obstruction from the current range of $200–$500 to a range of $400–$1,000 per occurrence. Furthermore, the bill establishes a new, substantial penalty of up to $250,000 if an unlawful delay results in death or injury. It also clarifies that employees acting under railroad operating rules are not personally liable for violations, and adds exemptions for delays caused by natural disasters or third-party actions.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are the general public and local municipalities, as the bill provides a more aggressive mechanism for state and local officials to challenge and penalize railroad companies for blocking crossings. Citizens who rely on efficient road transportation benefit from the increased pressure on railroads to clear crossings, while local government entities stand to gain through the collection of larger fines for infractions.

Who Might Suffer?

Railroad companies operating in Arkansas are the primary entities negatively impacted, as they face stricter enforcement timelines, increased penalties for violations, and a significant potential liability of up to $250,000 for incidents resulting in injury or death. While they are granted exceptions for uncontrollable circumstances, the tighter administrative deadlines create a higher operational compliance burden.

Read Full Bill on arkleg.state.ar.us