HOUSE BILL NO. 1116 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend and reenact § 56-412.1 of the Code of Virginia, relating to railroads blocking passage of roads and streets; penalty. ---------- Patron-- Athey ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 56-412.1 of the Code of Virginia is amended and reenacted as follows:

§ 56-412.1. Railroad cars obstructing street or road; standing vehicle on railroad track; penalty.

It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct for a longer period than five minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road. Any such railroad company, receiver or trustee, violating any of the provisions of this section shall be fined not less than $100 nor more than $500 $2,500; provided that the fine may be $100 for each minute beyond the permitted time but the total fine shall not exceed $500 $2,500.

This section shall not apply when the train is stopped due to breakdown, mechanical failure or emergency.