HazMat Railroad Crossing Question

I'd feel the same way, if I were in your shoes.
I don't know how big the company is, how many trucks involved, or how easy they are to communicate with, but I think the best you could do is talk to the other drivers, feel it out, and see if you could approach it from a driveability/safety/control issue concerning low speeds and turning. Tell them unexpected shifting and lurching is what you've experienced, and is what you're concerned with.

 

Don't forget to pray nothing happens. Those jail cells get much smaller than the sleeper especially when there's two in there.

We all know or should know that the rail tracks would not be the issue on a stupid move like that. Covering up your placards is where they can hang you. It's a bad joke and help us all if anyone makes a move like that.

 

What should be done is bring it up to safety or at a safety meeting then you're covered. I agree with most that just let the truck do the work after you've made your stop if required. If you're issued a ticket then I would most likely go see a judge depending on how it would effect me.

 

Let's look at it from a legal standpoint. The language of the statute you are citing, specifically states that the Driver must not shift the truck. Therefore, driving an automatic transmission would offer the presumption that you are not, as the driver, shifting the truck. In the worst case scenario, you get stuck on the tracks and a passenger train comes crashing into the trailer, killing every single person on board. When the lawyers are ripping you apart in court, they will not be able to argue that you were shifting gears while on the tracks; because of your autoshift transmission, the truck was in complete control. To be responsible, it would have to be proven that you 1) were shifting the truck on the tracks, and 2) your actions were willful. Operating an autoshift truck would most likely not cover the 2nd element of being 'willful.' So I think for all practical purposes, an auto shift will have your bases covered.

On that note, putting it into 'manual' mode might fit the legal definition of 'shifting' the transmission. How does one define 'shifting' legally? Switching from auto to manual might be an act of shifting, as you are now taking control of the transmission. I wonder if there's any case law out there defining all of this...

They have this statute because people would lose a gear while crossing the tracks and get stuck in neutral, coming to a complete stop on the tracks.

 

Years ago when they had twin sticks. I believe it's much safer to slow way down and cross when it's safe to do so.

 

@Rug_Trucker do you have anything to add to this discussion?

 

Thanks guys for bringing this up.
I just started fuel hauling, in training now using a 10 speed, but will be going to an autoshift.
It is a question I will ask.

 

We could make this even more fun.

What is / is not industrial trackage? I do a lot of driving in the port area. As far as I am concerned, the whole #### place is industrial trackage. Even though I see trucks (and busses) stop at certain crossings.
Another fun one, the rail guy drops a flare in the middle of the lane where some tracks cross. You see the engine stopped off the road and the engineer waves you across. How you gonna drive over that flare?