369a-402c
PENAL CODE
SECTION 369a-402c
369a. (a) The Legislature hereby finds and declares the following:
(1) Rail transit traffic safety programs are necessary to educate
the public about the potential for harm and injury arising from an
individual's disregard for, and violation of, rail-related traffic
safety laws, and to increase the consequences for those persons
violating rail-related traffic safety laws.
(2) Currently, there does not exist a unified statewide system to
deal with the ever increasing problem of rail-related traffic safety
violators, and to provide a method of educating the public.
(b) In each county with a population greater than 500,000 in which
a transportation commission or authority has been established and it
owns or operates rail transit facilities, the commission or
authority may provide and disseminate appropriate educational
materials to traffic schools to aid in reducing the number of
rail-related traffic accidents, including, but not limited to, a film
developed or caused to be developed by the transportation commission
or authority on rail transit safety.
369b. (a) This section shall only apply to counties with a
population greater than 500,000.
(b) The court may order any person convicted of a rail transit
related traffic violation, as listed in subdivision (c), to attend a
traffic school that offers, as a part of its curriculum, a film
developed or caused to be developed by a transportation commission or
authority on rail transit safety.
(c) For a first offense, a court, at its discretion, may order any
person cited for any of the following violations to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail transit safety film prepared by a county transportation
commission or authority, pay an additional fine of one hundred
dollars ($100), or both:
(1) Section 369g.
(2) Section 369i.
(3) Subdivision (c) of Section 21752, Section 22450, 22451, or
22452, or subdivision (c) of Section 22526, of the Vehicle Code,
involving railroad grade crossings.
(d) For a second or subsequent violation as provided in
subdivision (c), a court shall order a person to pay an additional
fine of up to two hundred dollars ($200) and to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail safety film prepared by a county transportation
commission or authority.
(e) All fines collected according to this section shall be
distributed pursuant to Sections 1463 and 1463.12, as applicable.
369d. Any person who enters upon or crosses any railroad, at any
private passway, which is inclosed by bars or gates, and neglects to
leave the same securely closed after him, is guilty of a misdemeanor.
369g. (a) Any person who rides, drives, or propels any vehicle upon
and along the track of any railroad through or over its private
right-of-way, without the authorization of its superintendent or
other officer in charge thereof, is guilty of a misdemeanor.
(b) Any person who rides, drives, or propels any vehicle upon and
along the track of any railline owned or operated by a county
transportation commission or transportation authority without the
authorization of the commission or authority is guilty of a
misdemeanor.
369h. Any person, partnership, firm or corporation installing,
setting up, maintaining or operating upon public or private property,
any sign or light in line of vision along any main line track of any
railroad in this State of such type or in such form or manner that
it may be mistaken for any fixed or standard railroad signal when
viewed from an approaching locomotive cab, railway car, or train, by
the operators or employees upon such locomotive cab, railway car or
train, so as to hinder the safe and efficient operation of such
locomotive, railway car or train, and endanger the safety of persons
or property upon such locomotive, railway car, or train, shall be
guilty of maintaining a public nuisance. No sign, signal, flare or
light placed within the right of way of any street or highway by
public authorities in charge thereof, considered necessary by them to
direct or warn highway traffic, shall be deemed to violate this
section.
369i. (a) Any person who enters or remains upon the property of any
railroad without the permission of the owner of the land, the owner'
s agent, or the person in lawful possession and whose entry,
presence, or conduct upon the property interferes with, interrupts,
or hinders, or which, if allowed to continue, would interfere with,
interrupt, or hinder the safe and efficient operation of any
locomotive, railway car, or train is guilty of a misdemeanor.
As used in this subdivision, "property of any railroad" means any
land owned, leased, or possessed by a railroad upon which is placed a
railroad track and the land immediately adjacent thereto, to the
distance of 20 feet on either side of the track, which is owned,
leased, or possessed by a railroad.
(b) Any person who enters or remains upon any rail transit related
property owned or operated by a county transportation commission or
transportation authority without permission or whose entry, presence,
or conduct upon the property interferes with, interrupts, or hinders
the safe and efficient operation of the railline or rail-related
facility is guilty of a misdemeanor.
As used in this subdivision, "rail transit related property" means
any land or facilities owned, leased, or possessed by a county
transportation commission or transportation authority.
(c) This section does not prohibit picketing in the immediately
adjacent area of the property of any railroad or rail transit related
property or any lawful activity by which the public is informed of
the existence of an alleged labor dispute.