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A10714 Summary:

BILL NOA10714
 
SAME ASSAME AS S08119
 
SPONSORBuchwald
 
COSPNSRGantt, Brindisi, Abinanti, Otis, Zebrowski, Skoufis, Santabarbara, Lopez
 
MLTSPNSR
 
Add 53-f, Rail L; add 131-a, Transp L; amd 236, Hway L; add 135-a, amd 1170 & 1171, V & T L
 
Relates to railroad safety; requires joint inspection of traffic signals; increases penalties for the failure to comply with regulations; aligns railroad bridge inspection requirements with federal regulations; establishes and increases penalties for failure to obey certain signals and stops.
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A10714 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10714
 
SPONSOR: Rules (Buchwald)
  TITLE OF BILL: An act to amend the railroad law, the transportation law, the highway law, and the vehicle and traffic law, in relation to requiring joint inspection of traffic signals, increasing penalties for the failure to comply with regulations, aligning railroad bridge inspection require- ments with federal regulations, establishing and increasing penalties for failure to obey certain signals and stops   PURPOSE OF THE BILL: The purpose of this bill is to provide for greater rail and public safe- ty, efficiency and modernization.   SUMMARY OF PROVISIONS: Section 1 of the bill would set forth the title of the act as "Rail Safety Act of 2016." Section 2 of the bill would add a new Section 53-f to the Railroad Law to require every railroad corporation and every municipality or state agency having jurisdiction of a highway on which there is an at grade crossing to conduct, at a minimum, biennial inspections of any traffic control devices interconnected with a highway-rail at-grade crossing warning system, under the oversight of the New York State Department of Transportation ("DOT"). Section 3 of the bill would add a new section 131-a to the Transporta- tion L. to authorize the Commissioner of Transportation to impose mone- tary penalties for violations of laws and regulations against railroad companies that act as common carriers, and increases fines for railroad companies for similar violations while carrying hazardous materials. Section 4 of the bill would amend Highway L. § 236 to align reporting requirements for railroad bridge inspections conducted by private rail- roads with current federal requirements. Section 5 of the bill would add a new § 135-a to the Vehicle and Traffic Law (VTL) to provide a new definition for "railroad grade crossings" in line with federal definitions. Section 6 of the bill would amend VTL § 1170 to provide penalties for repeat offenders for failing to obey signals indicating the approach of a train, including not stopping within 15 feet of the crossing: up to $500 and/or 45 days of imprisonment for the second offense that occurs within eighteen months of the first; and up to $750 and/or 90 days of imprisonment for a third or subsequent offense all of which occur within eighteen months. It would also increase penalties for repeat offenders for driving through, around, or under any gate or barrier at railroad crossings by providing: up to $750 and/or 90 days of imprisonment for the second offense; and up to $1,000 and/or 180 days of imprisonment for a third or subsequent offense. The look back for repeat offenses would be increased from 18 months to 30 months. Section 7 would amend VTL § 1171 to increase penalties on repeat offen- der operators of certain vehicles, including buses, vehicles carrying hazardous materials, and vehicles with a gross vehicle rating of more than 10,000 pounds, that fail to stop at all railroad grade crossings: up to $500 and/or 45 days of imprisonment for the second offense that occurs within thirty months of the first; and up to $750 and/or 90 days of imprisonment for a third or subsequent offense all of which occur within thirty months. Section 8 of the bill would make it effective immediately, except as to new penalties on railroad companies and motorists, which take effect on December 1, 2016. This section also requires the DOT to coordinate with railroads and municipalities on a public education campaign regarding the new penalties.   EXISTING LAW: There is no definition of "railroad grade crossings" in New York State law. Although the Commissioner of Transportation is authorized to levy penal- ties under Transportation L. § 131 against any common carrier; including common carriers that use trains, trucks, or other means of conveyance, and common carriers that carry goods or passengers, the maximum penalty that may be imposed under Section 131 is only $5,000 for each offense. Inventory and inspection of railroad bridges in New York State are currently governed by NYS Highway Law, The Federal Railroad Adminis- tration (FRA) has adopted its final rule 49 CFR Part 237 requiring rail- road track owners to implement bridge management programs that include annual inspection of railroad bridges. However, state law does not align with the FRA's new requirements. VTL § 1170 does not expressly provide penalties for a failure to obey signals indicating the approach of a train, including not stopping with- in 15 feet of the crossing. Section 1170(b) provides penalties for driv- ing through, around, or under any gate or barrier at railroad crossings: up to $400 and/or 30 days of imprisonment for the first offense; up to $500 and/or 90 days of imprisonment for the second offense that occurs within eighteen months of the first; and up to $750 and/or 180 days of imprisonment for a third or subsequent offense all of which occur within eighteen months. VTL § 1171 does not expressly provide penalties for operators of certain vehicles, including buses, vehicles carrying hazardous materials, and vehicles with a gross vehicle rating of more than 10,000 pounds, that fail to stop at all railroad grade crossings.   STATEMENT IN SUPPORT: In 2014, there were over 250 crossing-collision deaths in the United States. The Federal Railroad Administration's acting administrator, Sarah Feinberg, recently stated that "Ninety-four percent of grade crossing accidents are linked to a driver's behavior." Moreover, grade crossing accidents frequently occur at local grade crossings in the community of a driver: 50% of train-motor vehicle collisions are reported to occur within five miles of the motorist's home; 75% of such collisions occur within 25 miles of a person's home. Existing provisions of New York's Vehicle and Traffic Law require motor- ists to observe safe driving behaviors at grade crossings, but law enforcement reports that many motorists fail to follow these critical safety requirements, risking their own safety as well as others. The proposed legislation, by increasing penalties on railroad companies and motorists for operations in violation of the law, will deter repeat offenders from ignoring existing safety requirements, thereby reducing the risk of grade crossing accidents. Moreover, the transportation of hazardous materials by railroad compa- nies through the State of New York also raises significant concerns for public safety, public health, and environmental conservation. The risk has been greatly increased with the transport of crude oil throughout New York. State regulations require entities to report certain railroad incidents within a period of one hour after the event (17 NYCRR § 924.1) in order to facilitate emergency response coordination. By increasing the penalties for failure to comply with regulations, this bill estab- lishes a strong incentive for railroad companies to ensure that inci- dents are reported within the time limits required by regulation. Finally, this legislation will eliminate confusion and unnecessary duplication by aligning state law requirements for railroad bridge inspections with federal law. In addition, a single set of laws to will allow for improved communication between the railroad company and the federal and state governments.   BUDGET IMPLICATIONS: Minimal cost to implement.   LOCAL IMPACT: None noted.   EFFECTIVE DATE: Immediate, except that the amendments made to sections 3, 6, and 7 of this act shall take effect on December 1, 2016; provided further, that effective immediately, the Commissioner of Transportation is authorized to promulgate any rules or regulations necessary for the implementation of this act, and to coordinate a public education campaign on new penal- ties.
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A10714 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10714
 
                   IN ASSEMBLY
 
                                      June 13, 2016
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Buchwald,
          Gantt, Brindisi, Abinanti) -- (at request of  the  Governor)  --  read
          once and referred to the Committee on Transportation
 
        AN  ACT  to  amend the railroad law, the transportation law, the highway
          law, and the vehicle and traffic law, in relation to  requiring  joint
          inspection of traffic signals, increasing penalties for the failure to
          comply  with regulations, aligning railroad bridge inspection require-
          ments with federal regulations, establishing and increasing  penalties
          for failure to obey certain signals and stops
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "rail safety act of 2016."
     3    §  2. The railroad law is amended by adding a new section 53-f to read
     4  as follows:
     5    § 53-f. Joint inspection  of  traffic-control  signals  interconnected
     6  with highway-rail at-grade crossing warning systems.  1. Notwithstanding
     7  the  provisions  of  any  other law to the contrary, the commissioner is
     8  authorized to  establish,  implement,  and  exercise  oversight  over  a
     9  program  to  coordinate the inspection of traffic-control signals inter-
    10  connected with highway-rail at-grade crossing warning systems.
    11    2. Pursuant to the program established under subdivision one  of  this
    12  section,  the  department  of transportation shall establish a procedure
    13  applicable to every railroad corporation and  each  municipality  having
    14  jurisdiction  of  a  highway on which there is an at-grade rail crossing
    15  warning system interconnected with  a  traffic-control  signal  for  the
    16  coordinated  operation  and  biennial  inspection of any traffic-control
    17  signal interconnected with  a  highway-rail  at-grade  crossing  warning
    18  system.  Nothing in this section shall be deemed to alter or impair such
    19  railroad  corporation's  existing responsibility for maintenance of, and
    20  access to, the highway-rail at-grade crossing warning system.
    21    3. For the purposes of this section, the term "traffic-control signal"
    22  shall have the same meaning as such  term  is  defined  by  section  one
    23  hundred fifty-four of the vehicle and traffic law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12086-01-6

        A. 10714                            2
 
     1    §  3.  The transportation law is amended by adding a new section 131-a
     2  to read as follows:
     3    §  131-a. Penalties for violations. 1. Any railroad company that oper-
     4  ates as a common carrier that violates any provision of article five  of
     5  this  chapter  and  regulations promulgated pursuant thereto shall, upon
     6  direction by the commissioner, be liable for a penalty  payable  to  the
     7  people  of  the state of New York in the amount not to exceed five thou-
     8  sand dollars.
     9    2. Any railroad company that operates as a common carrier of  property
    10  that  violates  any  provision of article five of this chapter and regu-
    11  lations promulgated pursuant thereto with respect to one or more freight
    12  cars required to be placarded by federal hazardous materials regulations
    13  shall, upon direction by the commissioner, be liable for a penalty paya-
    14  ble to the people of the state of New York in an amount  not  to  exceed
    15  fifteen thousand dollars.
    16    3.  Each  violation  shall be a separate and distinct offense, and, in
    17  case of a continuing violation, every day's continuance thereof shall be
    18  a separate and distinct offense.
    19    4. Before imposing a penalty set forth in this  section,  the  commis-
    20  sioner shall afford the railroad company notice and an opportunity to be
    21  heard.  In  assessing  the  penalty,  the  commissioner may consider the
    22  following:
    23    a. the railroad company's history of violating the law  or  the  regu-
    24  lations of the commissioner;
    25    b.  if the violation arises out of an accident, whether death or seri-
    26  ous injury occurred as a result of the accident,  whether  the  accident
    27  resulted  in  an  evacuation of the general public for one hour or more,
    28  and whether the accident resulted in the closure of a major  transporta-
    29  tion artery or facility for one hour or more; and
    30    c. any other factors the commissioner deems relevant.
    31    5.  If such penalty is not paid within four months, the amount thereof
    32  may be entered as a judgment in the office of the clerk of the county of
    33  Albany and in any other county in which the railroad company has a place
    34  of business or through which it operates.
    35    § 4. Section 236 of the highway law, as amended by chapter 455 of  the
    36  the laws of 1998, is amended to read as follows:
    37    §  236.  Program  of railroad bridge inspection. 1. Program establish-
    38  ment.  Notwithstanding any other provision of law to the  contrary,  the
    39  commissioner  is  authorized  and  directed  to establish, implement and
    40  exercise oversight over a  program  of  railroad  bridge  inspection  in
    41  conformity with the rail safety improvement act of 2008, subchapter I of
    42  chapter  201  of  part  A of subtitle V of title 49 of the United States
    43  code as such law may, from time to time, be  amended  and  part  237  of
    44  title  49  of  the  code of federal regulations as such regulations may,
    45  from time to time, be amended, by all railroads as defined herein  which
    46  shall apply to all railroad bridges whether publicly or privately owned.
    47    2.  Bridge inventory. [(a)] Each railroad shall provide to the commis-
    48  sioner an inventory of every railroad bridge either  owned  or  used  by
    49  such  railroad  whether  exclusively  or  with another railroad or rail-
    50  roads[. Each such inventory shall contain a statement as to  the  owner-
    51  ship  of  all  railroad  bridges listed thereon and, if not owned by the
    52  filing railroad, such railroad shall state the circumstances under which
    53  it is operating over such railroad bridges. With regard to bridges owned
    54  or maintained by the filing railroad,  such  inventory  may  be  in  the
    55  format  currently  maintained  by  each  railroad provided the inventory
    56  identifies:  (i) the owner of the railroad if different from  the  rail-

        A. 10714                            3

     1  road  submitting  the  inventory;  (ii)  a  description  of  each bridge
     2  reflecting the condition of the  bridge  as  determined  by  the  latest
     3  inspection  report;  and  (iii)  the maximum load for each of its lines.
     4  Each inventory submitted shall contain the following administrative data
     5  with  regard  to each bridge owned or maintained by the filing railroad:
     6  the bridge identification number; the railroad bridge number; the  rail-
     7  road  line code (if applicable); the railroad mile post; the county; the
     8  operating railroad or railroads; other features carried (if applicable);
     9  features intersected description; features intersected  code;  owner  or
    10  owners;  maintenance  responsibilities; and inspection responsibilities.
    11  Each inventory submitted shall also contain the following  general  data
    12  with  regard  to each bridge owned or maintained by the filing railroad:
    13  the year built; the year rehabilitated; the number  of  tracks  crossing
    14  the  bridge;  the  type  of  rail  service; the number of spans; and the
    15  bridge type] as required to be maintained by part 237 of title 49 of the
    16  code of federal regulations as such regulations may, from time to  time,
    17  be amended.
    18    [(b)  In  any instance in which more than one railroad operates over a
    19  bridge, the inventory shall identify which railroad  has  responsibility
    20  for the inspection and maintenance.]
    21    3.  Bridge  inspection.  [(a) The department shall develop and publish
    22  railroad bridge inspection standards. Such standards shall be  developed
    23  in  consultation  with representatives of railroads operating within the
    24  state and insofar as practicable, shall not be inconsistent with current
    25  American railway engineering and maintenance of way  association  recom-
    26  mended practices.
    27    (b)]  (a)  Each  railroad  shall  develop  a  bridge safety management
    28  program and submit to  the  department  written  bridge  management  and
    29  inspection  procedures[.  Such  procedures  shall be developed under the
    30  supervision of a licensed professional engineer, and shall be consistent
    31  with generally accepted railway engineering standards and procedures for
    32  railroad bridge inspection and shall be in conformance with  the  stand-
    33  ards  developed  by the department as set forth in paragraph (a) of this
    34  subdivision. The procedures shall contain a  format  for  the  reporting
    35  document  to be submitted to the department.  Such reports shall contain
    36  the qualifications  of  the  individuals  performing  bridge  inspection
    37  activities]  as  required  to be maintained and developed by part 237 of
    38  title 49 of the code of federal regulations  as  such  regulations  may,
    39  from time to time, be amended.
    40    [(c)]  (b)  Railroad bridge inspections shall be performed [by techni-
    41  cians whose training and experience enable them  to  detect  and  record
    42  indications  of  distress  on a bridge. Inspectors must provide accurate
    43  measurements and other information about the condition of the bridge  in
    44  sufficient  detail to a licensed professional engineer who shall make an
    45  evaluation of the capacity and safety of the bridge] by railroad  bridge
    46  inspectors in conformity with part 237 of title 49 of the code of feder-
    47  al  regulations  as such regulations may, from time to time, be amended.
    48  The term "railroad bridge inspectors" shall have  the  same  meaning  as
    49  such term is defined by section 237.53 of title 49 of the code of feder-
    50  al regulations as such regulations may, from time to time, be amended.
    51    [(d)]  (c) Each railroad shall conduct an inspection of every railroad
    52  bridge located in the state for which it has inspection responsibility[,
    53  in accordance with the bridge inventory set forth in subdivision two  of
    54  this  section,  at  least  once  in  each calendar year and following an
    55  occurrence which the railroad reasonably believes may have  reduced  the
    56  capacity of any bridge] consistent with part 237 of title 49 of the code

        A. 10714                            4
 
     1  of  federal  regulations  as such regulations may, from time to time, be
     2  amended.
     3    [(e)]  (d)  A  copy  of the inspection report for each railroad bridge
     4  shall, consistent with part 237 of title 49 of the code of federal regu-
     5  lations as such regulations may, from time to time, be amended, be main-
     6  tained by the appropriate railroad for a period [of not less  than  five
     7  years. The reports shall be comprehensible to a competent person without
     8  interpretation  by  the reporting inspector] of not less than two years,
     9  provided that each copy of an  underwater  inspection  report  shall  be
    10  retained  until  the  completion  and  review  of  the  next  underwater
    11  inspection of the bridge.  If requested by the department, the  railroad
    12  shall  submit  the  inspection report within thirty business days to the
    13  department.
    14    [(f)] (e) Not later than March fifteenth  of  each  year,  a  licensed
    15  professional  engineer  or  other  responsible  officer of each railroad
    16  shall file a certification  that  each  bridge  has  been  inspected  in
    17  accordance  with  [the  bridge  management and inspection procedures and
    18  that every structure is safe for the loading imposed,] part 237 of title
    19  49 of the code of federal regulations as such regulations may, from time
    20  to time, be amended, and additionally, shall advise the commissioner  of
    21  any  change  affecting  bridge  safety which has occurred since the last
    22  certification.
    23    [(g)] (f) If, as a result of an inspection, a bridge is determined  to
    24  be  unsafe,  the  railroad shall immediately notify the commissioner and
    25  shall take appropriate remedial action to ensure that such structure  is
    26  safe.    Upon  completion  of  such  remedial action, the railroad shall
    27  provide the commissioner with a certification by a licensed professional
    28  engineer or other responsible officer that the bridge is  now  safe  for
    29  the  loadings imposed. If a railroad shall fail to take remedial action,
    30  the commissioner may direct the railroad  to  take  appropriate  action,
    31  including  requiring the closing of the bridge. Any order of the commis-
    32  sioner shall be reviewable in accordance with article  seventy-eight  of
    33  the civil practice law and rules.
    34    [(h)] (g) For purposes of this section, a "licensed professional engi-
    35  neer"  shall  mean a professional engineer who is authorized to practice
    36  engineering under title eight of the education law.
    37    4. Powers of the commissioner. The commissioner shall have  the  power
    38  to  adopt,  promulgate,  amend  and  rescind such rules and regulations,
    39  consistent with part 237 of title 49 of the code of federal  regulations
    40  as  such  regulations may, from time to time, be amended, as the commis-
    41  sioner deems appropriate to carry out the  provisions  and  purposes  of
    42  this  article  or  to  enforce any standards established hereunder. [All
    43  existing rules and regulations requiring inspection and certification of
    44  railroad bridges shall remain in effect until such time as new rules and
    45  regulations are promulgated.] Additionally  the  commissioner  shall  be
    46  authorized  to  review  the  inspection  reports,  inventories and other
    47  supporting documents, to compel the production  of  any  books,  papers,
    48  records  and  documents  relevant  to  the  railroad  bridge  inspection
    49  program, and to subpoena witnesses, administer oaths and take testimony,
    50  and to maintain a civil suit against any public  or  private  entity  to
    51  compel compliance with the provisions of this chapter.
    52    [5. Phase in of program. In order to permit the orderly implementation
    53  of  the  railroad  bridge  inspection program, the inventory of railroad
    54  bridges as herein provided shall be submitted  to  the  commissioner  by
    55  January twenty-ninth, nineteen hundred ninety-seven. All railroad bridg-
    56  es  over which passenger rail service is provided shall be inspected not

        A. 10714                            5

     1  later than January first,  nineteen  hundred  ninety-nine,  and  certif-
     2  ication  submitted  to  the  department  not later than March fifteenth,
     3  nineteen hundred  ninety-nine.  All  other  railroad  bridges  shall  be
     4  inspected  and  certified  not  later  than July first, nineteen hundred
     5  ninety-nine.]
     6    § 5. The vehicle and traffic law is amended by adding  a  new  section
     7  135-a to read as follows:
     8    § 135-a. Railroad grade crossing. A location where a public highway or
     9  private  road, including associated sidewalks, crosses one or more rail-
    10  road tracks at grade.
    11    § 6. Section 1170 of the vehicle and traffic law, as amended by  chap-
    12  ter 300 of the laws of 1960, subdivision (b) as amended and subdivisions
    13  (c)  and  (d) as added by chapter 430 of the laws of 1996, is amended to
    14  read as follows:
    15    § 1170. Obedience to signal indicating approach of train. (a) Whenever
    16  any person driving a vehicle approaches a railroad grade crossing  under
    17  any  of  the  circumstances  stated  in this section, the driver of such
    18  vehicle shall stop not less than fifteen feet from the nearest  rail  of
    19  such  railroad,  and  shall  not  proceed until he can do so safely. The
    20  foregoing requirements shall apply when:
    21    1. An audible or clearly visible electric or mechanical signal  device
    22  gives warning of the immediate approach of a railroad train;
    23    2. A crossing gate is lowered or when a human flagman gives or contin-
    24  ues to give a signal of the approach or passage of a railroad train;
    25    3. A railroad train approaching within approximately one thousand five
    26  hundred  feet  of  the highway crossing emits a signal audible from such
    27  distance and such railroad train, by reason of its speed or nearness  to
    28  such crossing, is an immediate hazard; or
    29    4.  An approaching railroad train is plainly visible and is in hazard-
    30  ous proximity to such crossing.
    31    5. Every person convicted of a violation of this subdivision shall for
    32  a first conviction thereof be punished by a fine of not  more  than  one
    33  hundred  fifty dollars or by imprisonment for not more than fifteen days
    34  or by both such fine and imprisonment; for  a  conviction  of  a  second
    35  violation,  both  of  which  were  committed within a period of eighteen
    36  months, such person shall be punished by a fine of not  more  than  five
    37  hundred  dollars or by imprisonment for not more than forty-five days or
    38  by both such fine and imprisonment; upon a  conviction  of  a  third  or
    39  subsequent  violation,  all  of  which were committed within a period of
    40  eighteen months, such person shall be punished by a  fine  of  not  more
    41  than  seven  hundred  fifty dollars or by imprisonment for not more than
    42  ninety days or by both such fine and imprisonment.
    43    (b) No person shall drive any vehicle through, around,  or  under  any
    44  crossing  gate  or  barrier  at  a  railroad crossing while such gate or
    45  barrier is closed or is being opened or closed. Every  person  convicted
    46  of  a violation of this subdivision shall for a first conviction thereof
    47  be punished by a fine of not less than two  hundred  fifty  dollars  nor
    48  more  than  four  hundred  dollars  or by imprisonment for not more than
    49  thirty days or by both such fine and imprisonment; for a conviction of a
    50  second violation, both of which were committed within a period of [eigh-
    51  teen] thirty months, such person shall be punished by a fine of not less
    52  than three hundred fifty dollars nor  more  than  [five]  seven  hundred
    53  fifty  dollars  or  by  imprisonment for not more than ninety days or by
    54  both such fine and imprisonment; upon a conviction of a third or  subse-
    55  quent  violation,  all of which were committed within a period of [eigh-
    56  teen] thirty months, such person shall be punished by a fine of not less

        A. 10714                            6
 
     1  than six hundred dollars nor more than [seven hundred fifty]  one  thou-
     2  sand  dollars  or  by  imprisonment for not more than one hundred eighty
     3  days or by both such fine and imprisonment.
     4    (c) 1. Any person convicted of a violation of this section while driv-
     5  ing any vehicle carrying passengers under eighteen years of age, any bus
     6  carrying  passengers,  any  school bus or any vehicle carrying explosive
     7  substances or flammable liquids as a cargo or part of  a  cargo,  shall,
     8  upon  conviction of a first offense, be guilty of a class A misdemeanor,
     9  and shall, upon conviction of a second or subsequent  offense  committed
    10  within five years of the prior offense, be guilty of a class E felony.
    11    2. Any person convicted of a violation of this section resulting in an
    12  accident  which causes physical injury, as that term is defined pursuant
    13  to subdivision nine of section 10.00 of the penal law, serious  physical
    14  injury,  as  that term is defined pursuant to subdivision ten of section
    15  10.00 of the penal law, or death to another person, shall be guilty of a
    16  class E felony.
    17    (d) Nothing contained in this section shall be construed  to  prohibit
    18  or limit the prosecution of any violation, crime or other offense other-
    19  wise required or permitted by law.
    20    §  7. Section 1171 of the vehicle and traffic law is amended by adding
    21  a new subdivision (f) to read as follows:
    22    (f) Every person convicted of a violation of this section shall for  a
    23  first  conviction  thereof  be  punished  by a fine of not more than one
    24  hundred fifty dollars or by imprisonment for not more than fifteen  days
    25  or  by  both  such  fine  and imprisonment; for a conviction of a second
    26  violation, both of which  were  committed  within  a  period  of  thirty
    27  months,  such  person  shall be punished by a fine of not more than five
    28  hundred dollars or by imprisonment for not more than forty-five days  or
    29  by  both  such  fine  and  imprisonment; upon a conviction of a third or
    30  subsequent violation, all of which were committed  within  a  period  of
    31  thirty  months, such person shall be punished by a fine of not more than
    32  seven hundred fifty dollars or by imprisonment for not more than  ninety
    33  days or by both such fine and imprisonment.
    34    §  8.  This act shall take effect immediately; provided, that sections
    35  three, six and seven of this act shall take effect on December 1,  2016;
    36  provided further, that effective immediately, the commissioner of trans-
    37  portation is authorized to promulgate any rules or regulations necessary
    38  for the implementation of this act; and provided further, that effective
    39  immediately,  the  commissioner  of transportation shall coordinate with
    40  every railroad corporation, relevant state authority,  and  municipality
    41  having  jurisdiction  of  a  highway  on which there is an at-grade rail
    42  crossing warning system interconnected with a traffic-control signal, to
    43  establish a public awareness  and  education  campaign  related  to  the
    44  provisions of sections three, six and seven of this act.
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