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The Florida Senate

CS/HB 341 — Motor Vehicles and Railroad Trains

by Transportation and Infrastructure Subcommittee and Rep. LaMarca and others (CS/SB 1002 by Infrastructure and Security Committee and Senator Hutson)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Infrastructure and Security Committee (IS)

The bill clarifies the duties of law enforcement with respect to the collection of information required for crash reports in the event of a motor vehicle crash involving a railroad train.

The bill revises the definition of “railroad train” to provide that a railroad train is not a motor vehicle for purposes of the Florida Uniform Traffic Control Law.

The bill specifies that in the event that a motor vehicle crash involves a railroad train, the collection of certain required crash report information is at the discretion of the law enforcement officer having jurisdiction to investigate the crash.

Current law requires that the crash report contain the names of insurance companies for the “respective parties” involved in the crash, unless not available. The bill amends this requirement to specify it applies to insurance companies of the motor vehicles involved in the crash.

The bill provides a railroad train crew member or a passenger on a railroad train is not a passenger for purposes of completing a crash report. However, in the event of a motor vehicle crash involving a railroad train, a railroad train crew member must furnish: date, time, and location of the crash; description of the vehicles involved in the crash; and the names and addresses of parties involved in or witnesses to the crash. A railroad train crew member must also furnish the train engineer’s or the conductor’s federally-required, railroad-issued certificates, upon the request of the law enforcement officer investigating the crash.

If approved by the Governor, these provisions take effect July 1, 2019.

Vote: Senate 38-0; House 116-0