62-304D. ESTABLISHING PRIORITIES FOR HAZARDOUS RAILROAD LOCATIONS — ACCIDENT REPORTS TO BE FILED WITH IDAHO TRANSPORTATION DEPARTMENT. In its administration of the railroad grade crossing protection account, the Idaho transportation department shall establish a priority rating for railroad crossings, assigning priority first to the most hazardous railroad crossing locations, giving proper weight to traffic volume over such crossings by school buses and vehicles transporting dangerous commodities and if the Idaho transportation department determines from all of the evidence that public safety does not require installation of protective signals or devices at a crossing under consideration, it may refuse to order the installation of signals or devices or may defer their installation until more hazardous crossings have been protected. Every railroad company shall file with the Idaho transportation department a copy of each report of accident which is filed with the Idaho public utilities commission pursuant to the provisions of section 61-517, Idaho Code, for the Idaho transportation department to consider in making its determination. No part of any report filed with the Idaho transportation department as required in this section, or of any record, or a copy thereof, of any hearing held under the provisions of this act or of the determination provided for in this section and no finding, conclusion or order made by the Idaho transportation department in the administration of this act shall be used as evidence in any trial, civil or criminal, arising out of an accident at or in the vicinity of any crossing prior to installation of signals or other warning devices pursuant to an order of the Idaho transportation department as a result of any such investigation or proceeding.

History:

[62-304D, added 1979, ch. 218, sec. 8, p. 606.]