New Jersey § 48:12-57

§ 48:12-57.

a. Every railroad company shall place on each engine a bell weighing not less than 30

pounds which shall be rung continuously in approaching a grade crossing of a highway,

beginning at a distance of at least 300 yards from the crossing and continuing until

the engine has crossed such highway, or a whistle or horn operated by steam, air or

electricity, which shall be sounded, except in cities, at least 300 yards from the

crossing and at intervals until the engine has crossed the highway. For every default the company operating such road shall pay a penalty of $100.00 to

be sued for by any informer within 10 days after such penalty was incurred, 1 / 2 to go to the informer and 1 / 2 to the county wherein such default occurred. Nothing herein shall take away any remedy for such neglect from any person injured

thereby. Upon application from the governing body of a county or municipality in which a grade

crossing is located, the Commissioner of Transportation may, in his discretion, exempt

railroad companies from observing the provisions of this section with respect to grade

crossings in that county or municipality employing supplementary safety measures which

have been approved by the Federal Railroad Administration or the Secretary of Transportation

of the United States pursuant to 49 U.S.C.s. 20153 as fully compensating for the absence of the warning provided by the locomotive horn

and which have received a waiver or exemption under 49 U.S.C.s. 20153(d) . As used in this act, “ supplementary safety measure ” means a safety system or procedure, provided by the appropriate traffic control

authority or law enforcement authority responsible for safety at the highway-rail

grade crossing, that is determined by the Secretary of Transportation of the United

States to be an effective substitute for the locomotive horn in the prevention of

highway-rail casualties. A traffic control arrangement that prevents careless movement over the crossing,

for example, as where adequate median barriers prevent movement around crossing gates

extending over the full width of the lanes in the particular direction of travel,

and that conforms to standards prescribed by the Secretary, shall be deemed to constitute

a supplementary safety measure. However, the following do not, individually, or in combination, constitute supplementary

safety measures: standard traffic control devices or arrangements such as reflectorized

crossbucks, stop signs, flashing lights, flashing lights with gates that do not completely

block travel over the line of railroad, or traffic signals. b. With respect to that portion of a rail passenger line located in a county of the

second class having a population between 420,000 and 425,000, according to the most

recent federal decennial census, running between a municipality having a population

between 15,100 and 15,125, according to the most recent federal decennial census,

and a municipality having a population between 19,940 and 19,965, according to the

most recent federal decennial census, upon application of a municipality in which

a grade crossing of such line is located, the Commissioner of Transportation shall

require that a railroad company or entity providing rail passenger service not sound

a whistle or horn in that municipality between the hours of 7:00 p.m. and 7:00 a.m.,

but instead require that a bell weighing not less than 30 pounds be rung between such

hours at such grade crossing location as required by subsection a. of this section,

except that notwithstanding this requirement an operator shall not be subject to a

penalty for sounding a whistle or horn in an emergency . c. With respect to that portion of a rail passenger line located in a county of the

first class having a population more than 825,000, according to the most recent federal

decennial census, running through a municipality having a population between 30,530

and 30,560, according to the most recent federal decennial census, a municipality

having a population between 9,850 and 9,900, according to the most recent federal

decennial census, a municipality having a population between 10,870 and 10,900, according

to the most recent federal decennial census, a municipality having a population between

3,900 and 3,950, according to the most recent federal decennial census, a municipality

having a population between 17,890 and 17,920, according to the most recent federal

decennial census, a municipality having a population between 7,030 and 7,060, according

to the most recent federal decennial census, a municipality having a population between

11,980 and 12, 020, according to the most recent federal decennial census, a municipality

having a population between 24,140 and 24,170, according to the most recent federal

decennial census, a municipality having a population between 9,755 and 9,760, according

to the most recent federal decennial census, a municipality having a population between

9,230 and 9,260, according to the most recent federal decennial census, and a municipality

having a population between 15,360 and 15,400, according to the most recent federal

decennial census, upon application of a municipality in which a grade crossing of

such line is located, the Commissioner of Transportation shall require that a railroad

company or entity providing rail passenger service not sound a whistle or horn in

that municipality between the hours of 7:00 p.m. and 7:00 a.m., but instead require

that a bell weighing not less than 30 pounds be rung between such hours at any such

grade crossing location, except that notwithstanding this requirement, an operator

shall not be subject to a penalty for sounding a whistle or horn in an emergency.