Bill would exempt buses from stopping at railroad crossing

School buses would receive an exemption from having to stop at a U.S. 70 railroad crossing in James City if Craven County lawmakers get their way.

State representatives say they plan to introduce a bill to create the exemption during the 2010 General Assembly’s short session, which begins Wednesday.

The railroad crossing on U.S. 70 has been the site of a handful of bus-vehicle collisions, one of which last year killed Cherry Point Marine Mitchell Gibbs and injured his wife, Samantha Gibbs. In that crash, Mitchell Gibbs, who was driving, rear-ended a bus that had stopped at the crossing.

The crossing is right at the end of the U.S. 70 freeway bypass of New Bern and at the large bridge complex that intersects U.S. 17.

Crashes have occurred with buses stopped at the tracks as required by law at what is a busy interchange. The posted speed limit at the crossing is 50 mph.

"It’s actually more dangerous to have them stopping," said N.C. Rep. Alice Underhill, D-Craven.

The railroad crossing has flashing lights and crossing arms that block the path of drivers from crossing the tracks when a train is approaching. The crossing does have an exempt status for other vehicles that are normally required to stop at railroad crossings, but school buses are not exempt.

The Craven County Board of Education has backed the idea of the legislation. The board points out that the lights and crossing arms provide ample safety to avoid train-bus collisions and also points out the dangers in having buses stopped at such a busy interchange, especially during rush hour.

Tackling the state’s budget and its approximately $1.2 billion gap between revenues and expenses is expected to dominate the short session.

Lawmakers are saying that’s the top priority, and they don’t really want to hang around the capital city to do much other business.

While 2010 is an election year, Underhill pointed out another reason for legislators to make quick work of the session. She said getting a budget finished in a timely manner would be good for state agencies and public schools dealing with cuts.

"Getting that done as quickly as possible will help all the agencies and school systems figure out what to do over the next year," Underhill said.

Lawmakers said that they’re asking the various state agencies and departments to go through their budgets and tell legislators where they think they can take cuts.

Sen. David Hoyle, D-Gaston, said that budget writers are asking them to consider cuts on three levels: a 3 percent cut, a 5 percent cut and a 7 percent cut.

While cuts are one part of the process, Wainwright said that helping small businesses weather the troubled economy would also be a topic of conversation.

"A lot of emphasis will be placed on creating jobs and providing support for small businesses and helping them to grow and expand," Wainwright said.