Just wanted to get a clear answer. When a placarded vehicle is approaching a RR crossing. If there is a functional traffic control device such as a red light on either side of the track, does the vehicle still have to come to a complete stop? I always make a complete stop regardless. Most local police do not know that you can proceed without stopping and will pull you over and issue a ticket, then you will have to go to court to clear the infraction. Your thoughts?
This was in the FMCSA manual:
"A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication which, under local law, permits the commercial motor vehicle to proceed across the railroad tracks without slowing or stopping."
RR Crossing clarification.......
Discussion in 'Tanker, Bulk and Dump Trucking Forum' started by sprizo, Apr 5, 2014.
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Yeah, that was what I remembered it to be. HOWEVER, my last carrier had the specific policy that if we were placarded we stop at ALL grade crossings, whether signal controlled or not.
Does that make it clear as mud? Sorry, but it is the best I can do.blairandgretchen Thanks this. -
How do you know that it's functioning, and not malfunctioning? Could be a train coming, but a faulty sensor not picking it up.
Anyway, have the book beside you, bookmarked and ready to show the officer. May still give you a ticket, or find something to give you a ticket for. Or you could just stop for the tracks. Your gamble to make, not all gambles are bad. -
It doesn't make any sense to stop at a RR crossing when it is controlled by a green light and by law you do not have to.. Stopping in this situation, (perhaps in the middle of the intersection), will just put you and everyone else in danger.. I see your point though about the Police not knowing the law...You may beat the ticket but you still have to go to court to fight it...You also don't have to stop at RR crossings if the track is used for RR switching... I don't remember exactly how the rule is written but its in the FMCSR... I got into it with a couple guys I work with who said they don't stop at such and such RR crossing because it is used for switching. I think like you do, even if you are right you can still get cited and have to go to court... Also the penalty for not stopping is very stiff so its not worth the risk for me.
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The key to that law, is there must be a green light. The standard RR grade crossing with signals, is off or red, and yes a placard vehicle must stop.
HotH2o, blairandgretchen and DirkSteel Thank this. -
Here is 2 thought, perhaps the railway signals are working or maybe they are not working at all.
Would you realy want to risk you truck and you life and take the chance of getting smashed or killed by a train.
It is a fact that all school buses are to stop at railway crossing and open door and window to check for any sound or noise of a train coming before proceeding quickly accross the intersection if there is no train coming.
If you do not stop and look and check, the below could happen:
https://www.youtube.com/watch?v=0FHP8QS7cHQ
https://www.youtube.com/watch?v=_V_ETwr3h6sLast edited: Apr 6, 2014
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Despite the fact I think it's one of the dumbest laws out there, IMHO as a O/O that hauls hazmat most of the time, no matter what you have to come to a full stop at all RR crossings UNLESS it's deemed EXEMPT, which means it's no longer being used. There should be a sign indicating this. I've had instances where half the barrier is down but there's no train to be seen so I've carefully approached and then proceeded when I've checked there's nothing coming. You also aren't supposed to change gear while crossing but I don't take any notice of that.
If only these stupid people would realize that you can cross a RR track far quicker when moving, than coming to a stop and then have to trundle across.
Just be aware of the penalties if you don't stop. I friend of mine got a ticket for not coming to a full stop but successfully won the case. It was dismissed. Lucky fellow.blairandgretchen and Ebola Guy Thank this. -
We come to a full stop with 4 ways on, unless marked exempt - regardless of any control device.
Better safe than sorry - it carries 30, 60 and 90 day disqualification of your CDL. -
The Doctor is correct... if your placarded you must come to a full stop within 15 - 50 feet of all RR crossings unless they are exempt.
You may want to roll down your windows and hit your four ways as well... depending on the situation.blairandgretchen Thanks this. -
If I'm not mistaken, the first offense carries a 60 day suspension, so for the sake of stopping for a few seconds it's not worth losing your job over this issue. I vividly remember stopping at a RR crossing many moons ago. it was 2 am, nobody around, the road was pitch black. I could have easily just motored over.
Good job I didn't, because as I was stopped at that RR none other than a State Trooper blew past me, so you just never know.
Yes and I put my 4 ways on as well. I'm suet the majority of the public don't understand why we have to stop when we have placards on, but that's the way it is.blairandgretchen Thanks this.
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