§ 21-704. Moving heavy equipment at railroad crossings
(a) Application of section. — Unless a person has complied with this section, he may not drive or move on or across any railroad grade crossing any power shovel, derrick, roller, crawler-type tractor, or other equipment or structure that has:
(1) A normal operating speed of 10 miles per hour or less; or
(2) A vertical body or load clearance, measured above the level surface of a roadway, of less than:
(i) One-half inch for each foot of the distance between any two adjacent axles; or
(ii) 9 inches.
(b) Notice of intended crossing. — Before any person drives or moves any equipment described in subsection (a) of this section on or across any railroad grade crossing, the person shall:
(1) Notify an agent of the railroad of his intention; and
(2) Afford the railroad reasonable time to provide proper protection at the crossing.
(c) Duty to stop, look, and listen. — When the person approaches the crossing, he:
(1) Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing;
(2) While stopped, shall listen and look in both directions along the track for any approaching or passing railroad train and for any signals indicating the approach or passage of a railroad train; and
(3) May not proceed until he can do so safely.
(d) Obedience to signals. —
(1) The person may not proceed if a warning is given by an automatic signal, crossing gate, flagman, or otherwise of the immediate approach or passage of a railroad train.
(2) If the railroad provides a flagman, the person may proceed over the crossing only at the direction of the flagman.
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CASES & EXAMPLES:
Similar Law in Other Jurisdictions
- Pennsylvania: § 3343: Moving heavy equipment at railroad grade crossings
- West Virginia: §17C-12-4. Moving heavy equipment at railroad grade crossings