Bill Summary for H 285 (2021-2022)

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Summary date: 

Mar 30 2021

Bill Information:

View NCGA Bill Details2021
House Bill 285 (Public) Filed Thursday, March 11, 2021
AN ACT TO REQUIRE DRIVER INSTRUCTION ON THE EMERGENCY NOTIFICATION SYSTEMS FOR RAILROAD TRAIN EMERGENCIES AND TO CREATE A CRIMINAL OFFENSE FOR THE MISUSE OF THE EMERGENCY NOTIFICATION SYSTEMS.
Intro. by Penny.

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Bill summary

House committee substitute amends the 1st edition as follows. 

Replaces the proposed additional components the Division of Motor Vehicles (DMV) must include in preparing a driver's license handbook pursuant to GS 20-88.1. Now requires the handbook to contain a section on Emergency Notification Systems (ENS) for telephonic reporting of unsafe conditions at highway-rail and pathway grade crossings. Requires the section to alert the public that such crossings have unique US Department of Transportation inventory numbers and a posted telephone number to contact the dispatching railroad pursuant to state law. Requires the handbook to advise the public to call the number if an emergency situation exists at the highway-rail or pathway grade crossing, including if there is an unsafe condition, there is an obstruction, if the warning devices are malfunctioning, or if the ENS sign is discovered to be missing, damaged, or unusable (previously required the handbook to include a description of the procedures for using the ENS phone number for stopping a railroad train at a railroad crossing in the event of suspicious activity around the railroad track, an obstruction or vehicle stuck on the railroad tracks, or the malfunctioning of railroad gates). Effective January 1, 2022.

Makes conforming changes to the proposed changes to GS 115C-215 to require the driver education curriculum to include instruction on the ENS for telephonic reporting of unsafe conditions at highway-rail and pathway grade crossings, including the four described above. Applies beginning with the 2021-22 school year. 

Adds the following. Enacts GS 14-111.5, making it a Class 1 misdemeanor for a person who is not reporting unsafe conditions at a highway-rail or pathway grade crossings, is not providing ENS services, or is not responding to reports made through ENS, to call, attempt to call, access, or attempt to access ENS for purposes other than emergency communications. Applies to offenses committed on or after December 1, 2021. 

Changes the act's long title.