41-6a-1203. Railroad grade crossing -- Duty to stop -- Malfunctions and school buses -- Driving through, around, or under gate or barrier prohibited.

495 words·~2 min read·/ut/title-41/chapter-6a/41-6a-1203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)As used in this section, "active railroad grade crossing" means the same as that term is defined in Section 41-6a-1005 .

(2)Whenever a person operating a vehicle approaches a railroad grade crossing, the operator of the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad track and may not proceed if:

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

(b)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 or other on-track equipment;

(c)a railroad train or other on-track equipment approaching within approximately 1,500 feet of the highway crossing:

(i)emits an audible signal; and

(ii)the railroad train or other on-track equipment is an immediate hazard because of the railroad train's or other on-track equipment's speed or proximity to the crossing;

(d)an approaching railroad train or other on-track equipment 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.

(a)An operator of a vehicle who suspects a false activation or malfunction of a railroad grade crossing signal device where there is no gate or barrier may drive a vehicle through the railroad grade crossing after stopping if:

(i)the operator of a vehicle has a clear line of sight of at least one mile of the railroad tracks in all directions;

(ii)there is no evidence of an approaching railroad train or other on-track equipment;

(iii)the vehicle can cross over the tracks safely; and

(iv)the operator of a school bus is compliant with written district policy.

(b)As soon as is reasonably possible, the operator of a school bus shall notify the driver's dispatcher and the dispatcher shall notify the owner of the railroad track where the grade crossing signal device is located of the false activation or malfunction.

(a)A person may not drive a vehicle through, around, or under a crossing gate or barrier at an active railroad grade crossing.

(b)A person may not cause a non-rail vehicle, whether or not occupied, to pass through, around, over, or under or remain on a gate or barrier at an active railroad grade crossing.

(c)A person may not cause a non-rail vehicle, whether or not occupied, to pass around, through, over, or under or remain in a rail or fixed guideway right-of-way in a manner that would cause a railroad train or other rail vehicle to make contact with the non-rail vehicle.

(5)A violation of this section is an infraction.

Amended by Chapter 104 , 2022 General Session