41-6a-1203 - Railroad grade crossing -- Duty to stop -- Malfunctions and school buses -- Driving through, around, or under gate or barrier prohibited.
41-6a-1203. Railroad grade crossing -- Duty to stop -- Malfunctions and schoolbuses -- Driving through, around, or under gate or barrier prohibited.
(1) Whenever a person operating a vehicle approaches a railroad grade crossing, theoperator of the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail ofthe railroad track and may not proceed if:
(a) a clearly visible electric or mechanical signal device gives warning of the immediateapproach of a train;
(b) a crossing gate is lowered, or when a human flagman gives or continues to give asignal of the approach or passage of a train;
(c) a railroad train approaching within approximately 1,500 feet of the highway crossingemits a signal audible and the train by reason of its speed or nearness to the crossing is animmediate hazard;
(d) an approaching train is plainly visible and is in hazardous proximity to the crossing;or
(e) there is any other condition that makes it unsafe to proceed through the crossing.
(2) (a) An operator of a vehicle who suspects a false activation or malfunction of arailroad grade crossing signal device may drive a vehicle, including a school bus, through therailroad grade crossing after stopping if:
(i) the operator of a vehicle has a clear line of sight of at least one mile of the railroadtracks in all directions;
(ii) there is no evidence of an approaching train;
(iii) the vehicle can cross over the tracks safely; and
(iv) the operator of a vehicle does not violate Subsection (3).
(b) As soon as is reasonably possible, the operator of a school bus shall notify the driver'sdispatcher and the dispatcher shall notify the owner of the railroad track where the grade crossingsignal device is located of the false activation or malfunction.
(3) A person may not drive a vehicle through, around, or under a crossing gate or barrierat a railroad crossing while the gate or barrier is closed or is being opened or closed.
Renumbered and Amended by Chapter 2, 2005 General Session