Chap. 236.—An ACT to amend and re-enact Section 3985 of the Code of Virginia
and Section 84 of the Motor Vehicle Code both relating to railroad crossing
boards and signs. [Ss B 197]

Approved March 25, 1946

Be it enacted by the General Assembly of Virginia:

1. That section thirty-nine hundred eighty-five of the Code of
Virginia and section eighty-four of the Motor Vehicle Code both re-
lating to railroad crossing boards and signs be amended and re-enacted so
as to read as follows:

Section 3985. Construction and maintenance of “railroad crossing”
boards.—Every railroad company shall cause signal boards, well sup-
ported by posts or otherwise at such heights as to be easily seen by trav-
elers from both directions of the road, and not obstructing travel, con-
taining in capital letters, at least five inches high, the following inscrip-
tion: “‘railroad crossing,” and also lights or reflectors approved by the
State Corporation Commission at such heights as to be easily seen by
travelers, and not obstructing travel, to be placed, and constantly main-
tained, at each public highway at or near the place where it 1s crossed
by the railroad at the same level, which said lights, if required shall be
lighted between sunset and sunrise of each day, so as to be clearly dis-
cernible to travelers approaching the railroad crossing from each direc-
tion at a distance of two hundred feet away; but neither such boards,
lights nor reflectors need be put up in cities or towns, unless required
by the local authorities thereof. Provided that the lights or reflectors
herein provided for shall not be required except at State highway cross-
ings and on lines of railroads where electric signal light systems are
already established or may be hereafter established, except that on lines
of railroads where such electric signal systems have not been established,
such approved reflectors shall be erected and maintained, if required;
and no railroad company shall be required to install such lights or re-
flectors until ordered to do so by the State Corporation Commission,
wherever requested by the State Highway Commission, and provided
further that such lights or reflectors shall not be required where gates
or flagmen are used.

Section 84. Vehicles must slow down at certain steam railway
grade crossings.—(a) I¢xcept in cities and towns it shall be the duty
of every person driving any vehicle on a highway, on approaching a
place where a railway crosses such highway at grade, at which crossing
no railway gates are maintained or no flagman is stationed and on duty
at the time, to bring his vehicle to a speed not exceeding five miles per
hour before passing over such crossing, at a distance of not less than
fifty feet, from the nearest rail of such railway tracks; provided, how-
ever, every school bus or other motor vehicle used primarily for the
transportation of school children shall be brought to a stop before cross-
ing the nearest rail of such railway tracks, but failure to so stop shall
not relieve the railway company from hability in any case where the
company would otherwise be liable; provided, every such person shall
stop at such crossing where gates are maintained when such gates are
closed down, or being lowered, and where a flagman 1s stationed and on
duty at the time, whenever signalled to stop by such flagman.

(b) The provisions of this section shall not change or alter in
any manner the existing laws as to the duty or liability of railway com-
panies for damages to persons or property, and failure to comply with
the provisions of this section on the part of the driver of the vehicle
shall not be considered contributory negligence in an action against the
railway company for damage to persons or property, whether the same
be injury to the person or property of the driver or any other person.
And it shall not be necessary to establish the fact that the driver com-
plied with the provision of this section in order to recover in any action
for damages to persons or property against a railway company.

(c) Except in cities and towns it shall be the duty of steam rail-
ways companies to erect and maintain, at or near every point where a
public highway crosses such railway at grade, and on which line trains
other than purely local trains are operated, a sign or signs, visible on
each side of its tracks with the words “slow down, 5 miles - Va. law,”
in letters at least six inches in height, painted in black upon a white
background. Such signs shall be rectangular in shape, and of sufficient
height to carry in two lines the words above required, and shall be of
proportionate length.

(d) Whenever, in the opinion of the State Corporation Commis-
sion, after giving notice and hearing as prescribed by law, the public
interest requires that a gate be erected or maintained, or a flagman sta-
tioned at any highway crossing within five miles of the corporate limits
of any city or town of this Commonwealth, it shall give the superintend-
ent or manager of the railroad written notice that the same is required;
and the company shall, within the time prescribed by the commission,
erect and maintain at such crossing the character of gate directed by the
commission, and keep a man in charge of the same during such hours
as the commission may designate, or keep a flagman at such crossing
during such hours as it may require. And the said commission may auth-
orize the discontinuance of such gate or flagman, whenever, in its judg-
ment, the public interest no longer requires the same; and provided.
however, that nothing herein contained shall affect any such gates or
flagman heretofore established or maintained by agreement.