CHAPTER 371

AN ACT TO AMEND TITLE 17, § 705, DELAWARE CODE, RELATING TO RAILROAD CROSSINGS OF PUBLIC HIGHWAYS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members of each branch elected thereto concurring therein):

Section 1. Amend Title 17, § 705, Delaware Code, by striking in its entirety subsection (c) and inserting a new subsection (c) to read as follows:

(c) Every corporation operating any line of railroad within the State shall cause its trains to cross a highway or road for the public use within 10 minutes or less so that the highway or road is not blocked for any longer period of time unless it is determined that an emergency is the cause of the delay.

Section 2. Amend Title 17, § 705, Delaware Code, by adding a new subsection (d) to read as follows:

(d) If any corporation neglects or omits the performance of the duty prescribed and imposed by subsection (c) of this section, it shall be fined no less than $500 and not more than $1000 for the first conviction and not less than $1000 and not more than $2000 for each subsequent conviction if a subsequent conviction occurs within one year after a previous conviction.

Section 3. Amend Title 17, § 705, Delaware Code, by adding a new subsection (e) to read as follows:

(e) Justices of the Peace shall have jurisdiction of offenses under this section. There shall be a right of appeal to the Superior Court in every case.

Approved April 16, 1970.