TITLE 49

MOTOR VEHICLES

CHAPTER 6

RULES OF THE ROAD

49-648.  Obedience to signal indicating approach of train or other on-track equipment. (1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad and shall not proceed until he can do so safely. These requirements shall apply when:

(a)  A stop sign is in place and there is an absence of any mechanical warning signals;

(b)  A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;

(c)  A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;

(d)  A railroad train or other on-track equipment approaching within approximately one thousand five hundred (1,500) feet of the highway crossing emits a signal audible from that distance and the railroad train or other on-track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard;

(e)  An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.

(2)  No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

History:

[49-648, added 1988, ch. 265, sec. 175, p. 666; am. 1998, ch. 13, sec. 1, p. 112; am. 2021, ch. 168, sec. 2, p. 471.]