Grade Crossings -- Obligations of Motor Vehicle drivers

A discussion elsewhere on Railroad.net about Yet Another Grade Crossing Collision made me wonder about some aspects of grade crossing rules.

The question in my mind was: when is a driver expected to stop and look out for a train, and when is a driver legally allowed to simply drive across?

I'm not interested in the obvious cases: if there's a flashing light, or a flagman or a cop waving people to stop, or a barrier (such as a gate) across the road, or a train in sight, obviously one should not try to cross, and I would ask that we not let this thread devolve into yet another "stupid motorist" thread.

Nor am I going to argue that it isn't safer to stop and look even if the gate is up and the lights aren't flashing.

However, there are some situations where I am not clear as to the law and/or rules.

1. For a signalled crossing where the signal is not flashing/gate is not down, is there an obligation to stop and look? In at least some states, IIRC, school busses and some (all?) classes of trucks are required to stop anyway.

2. For unsignalled crossings, are there some kinds of crossing where there is no obligation to stop and look? Does it matter whether there are crossbucks? Assuming there exist crossings where there is no obligation on the motorist to stop and look, is the train crew obligated to secure the crossing before taking a train across?

3. I've seen some crossings with a sign "exempt". Is this relevant to whether a driver needs to stop and look?

Again, I'm not asking whether it would be advisable to stop & look even if the law and/or rules don't require it. I'm just interested in the law (and/or rules.)

As regards New York state...
http://www.safeny.ny.gov/rail-vt.htm#sec1170.

Pretty much, if you're a passenger vehicle you can cross without stopping so long as, no flashing lights, bells, or gates are down, the train has not sounded its horn, there is no flagman telling you to stop, no stop sign present or if any other designated signal tells you it's safe to traverse crossing.

However, let's take a closer look...

Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

1. An audible or clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

3. A railroad train approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or

4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

So if there is a crossing with just cross-bucks and no automatic warning devices(flashers, gates, bells) or flagman, then you must adhere to points 3 and 4 as outlined above. In order to do so one must at least check to see the no train is approaching the crossing. If you're in flat country and can see a mile down the tracks in each direction and can determine it's safe to cross and are not required for any other legal reason(tonnage, bus) to stop, then you can go through. If the crossing is obstructed by trees or a curve, then you might no be able to see if it's safe to cross until coming to a stop.

In Alabama you WILL stop whether or not it is posted(meaning a stop sign). At protected(gates,lights,bells) and non-protected. I know at my Xings the state or county would change out
the signs when they got in bad shape.

There's a practice in Sweden that I've always thought made a lot of sense, and it shouldn't be too expensive to install. There are three indications at a grade crossing:
Single flashing lunar white: the system is working, and nothing's coming.
Two alternating flashing reds: the system is working, and something's coming -- stop.
Dark: there is a fault in the system -- stop and look before proceeding.

ExCon90 wrote:There's a practice in Sweden that I've always thought made a lot of sense, and it shouldn't be too expensive to install. There are three indications at a grade crossing:
Single flashing lunar white: the system is working, and nothing's coming.
Two alternating flashing reds: the system is working, and something's coming -- stop.
Dark: there is a fault in the system -- stop and look before proceeding.

While it may not be expensive to install such a system, whether or not motorists decide to heed the signals would still remain to be seen.

With many motorists, as long as there is a way to cross the tracks (short of gates completely blocking the crossing), they will cross it, no matter the risk.

Nothing is foolproof, but the majority of motorists are reasonably prudent, or there would be a lot more crossing accidents than there are. If the Swedish system were widely adopted, at least the sight of a completely dark signal would alert all but the hopeless nitwits that they'd better look and listen before crossing.

In Indiana, the Monon had warnings at some rural crossings quite similar to those in Sweden. At these rural crossings, there was a light mounted on a pole. If it showed green, it was working and no train was approaching. If the light was out either a train was approaching or apparatus was not functioning. These are probably all gone. However, while traffic laws might vary from state to state, most hardware at crossings, unless the configuration is unusual, is pretty uniform.

The "Exempt" signs mean that buses and hazmat trucks do NOT need to stop for the crossing. Installation of these signs requires one of the following;

1) The crossing is signalized and has failsafes built into the system to properly protect drivers at the crossing

OR

2) the crossing is out of service and trains are no longer using those tracks. The signs will then be installed.

It should be noted, at least in NJ, the 'Exempt' signs can only be installed after the NJDOT has deemed it possible to put them in. This is on all roadways in the state, not just state roads.

Doesn't matter what kind of warning devices are put up, the Darwins will always find a way to kill theirselves.

Another obligation is NOT to 'turn left now" when your GPS says so right in the middle of a crossing!!

Here are my two near-miss videos:

http://www.youtube.com/watch?v=SYwUIBj75rg

http://www.youtube.com/watch?v=wfYStYuuGR0

I am guessing bikers are obligated to follow these laws too! Of course! BTW, I had some idiot from Canada inform me that you can treat a grade crossing signal without gates, as a stop sign! NOT!

amm in ny wrote:A discussion elsewhere on Railroad.net about Yet Another Grade Crossing Collision made me wonder about some aspects of grade crossing rules.

The question in my mind was: when is a driver expected to stop and look out for a train, and when is a driver legally allowed to simply drive across?

I'm not interested in the obvious cases: if there's a flashing light, or a flagman or a cop waving people to stop, or a barrier (such as a gate) across the road, or a train in sight, obviously one should not try to cross, and I would ask that we not let this thread devolve into yet another "stupid motorist" thread.

Nor am I going to argue that it isn't safer to stop and look even if the gate is up and the lights aren't flashing.

However, there are some situations where I am not clear as to the law and/or rules.

1. For a signalled crossing where the signal is not flashing/gate is not down, is there an obligation to stop and look? In at least some states, IIRC, school busses and some (all?) classes of trucks are required to stop anyway.

2. For unsignalled crossings, are there some kinds of crossing where there is no obligation to stop and look? Does it matter whether there are crossbucks? Assuming there exist crossings where there is no obligation on the motorist to stop and look, is the train crew obligated to secure the crossing before taking a train across?

3. I've seen some crossings with a sign "exempt". Is this relevant to whether a driver needs to stop and look?

Again, I'm not asking whether it would be advisable to stop & look even if the law and/or rules don't require it. I'm just interested in the law (and/or rules.)

Here is New Jersey's law, which seems pretty cut and dry:

39:4-127.1. Railroad crossings; stopping
(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

3. A railroad train approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;

4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

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

L.1951, c. 23, p. 93, s. 68.

Here is a good summary of state and province laws (for Canadians):
http://drivinglaws.aaa.com/laws/railroad-crossing/

The rules are fairly consistent.

Here in GA, most crossings that are un-signaled (crossbucks only) have stop signs.

Do people stop? nope.

Most don't stop for stop signs on normal roads, either.

You can't teach stupid.

In the Chicago suburbs where grade crossings are found next to intersections, there are signs that read DO NOT STOP ON TRACKS! Do motorists stay off the tracks? NO!