Current through Register Vol. 48, No. 9, September 27, 2024
(a) Except as provided in paragraph (b), the
driver of a commercial motor vehicle specified in paragraphs (a) (1) through
(6) shall not cross a railroad track or tracks at grade unless he/she first:
Stops the commercial motor vehicle within 50 feet of, and not closer than 15
feet to, the tracks; thereafter listens and looks in each direction along the
tracks for an approaching train; and ascertains that no train is approaching.
When it is safe to do so, the driver may drive the commercial motor vehicle
across the tracks in a gear that permits the commercial motor vehicle to
complete the crossing without a change of gears. The driver must not shift
gears while crossing the tracks.
(1) Every
bus transporting passengers,
(2)
Every commercial motor vehicle transporting any quantity of a Division 2.3
chlorine.
(3) Every commercial
motor vehicle which, in accordance with the regulations of the Department of
Transportation, is required to be marked or placarded with one of the following
classifications:
(i) Division 1.1;
Explosives
(ii) Division 1.2, or
Division 1.3; Explosives
(iii)
Division 2.3; Poisonous Gas
(iv)
Division 4.3; Dangerous When Wet
(v) Class 7; Radioactive
(vi) Class 3; Flammable
(vii) Division 5.1; Oxidizer
(viii) Division 2.2; Non-Flammable
Gas
(ix) Division 2.3;
Chlorine
(x) Division 6.1;
Poison
(xi) Division 2.2;
Oxygen
(xii) Division 2.1;
Flammable Gas
(xiii) Class 3;
Combustible liquid
(xiv) Division
4.1; Flammable Solid
(xv) Division
5.1; Oxidizer
(xvi) Division 5.2;
Organic Peroxide
(xvii) Class 8;
Corrosive
(xviii) Division 1.4;
Explosives
(4) Every
cargo tank motor vehicle, whether loaded or empty, used for the transportation
of any hazardous material as defined in the Hazardous Materials Regulations of
the Department of Transportation, Parts 107 through 180.
(5) Every cargo tank motor vehicle
transporting a commodity which at the time of loading has a temperature above
its flash point as determined by Part 173.120.
(6) Every cargo tank motor vehicle, whether
loaded or empty, transporting any commodity under exemption in accordance with
the provisions of Subpart B of part 107.
(b) A stop need not be made at:
(1) A streetcar crossing, or railroad tracks
used exclusively for industrial switching purposes, within a business district,
as defined in Regulation Regulation
38-390.5
of this chapter.
(2) A railroad
grade crossing when a police officer or crossing flagman directs traffic to
proceed,
(3) 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.
(4) An abandoned railroad grade crossing
which is marked with a sign indicating that the rail line is
abandoned,
(5) An industrial or
spur line railroad grade crossing marked with a sign reading "Exempt." Such
"Exempt" signs shall be erected only by or with the consent of the appropriate
State or local authority.
