28-851. Railroad crossing; safety

A. Except as provided in subsection B of this section, when a person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and may not proceed if any of the following applies:

1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.

2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train.

3. A railroad train approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such a distance and the railroad train is an immediate hazard by reason of its speed or proximity to the crossing.

4. An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.

5. Any other condition exists that makes it unsafe to proceed through the crossing.

B. 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 proceed through the railroad grade crossing after stopping if all of the following apply:

1. The operator of the vehicle has a clear line of sight of at least one mile of the railroad tracks in all directions.

2. There is no evidence of an approaching train.

3. The vehicle may cross over the tracks safely.

4. If the vehicle is a school bus, the operator complies with written district policy.

C. An operator of a vehicle may not make a u-turn or turn the vehicle to proceed in the opposite direction on a railroad track or railroad grade crossing.

D. A person shall not proceed through, around, over or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

E. A pedestrian shall not do any of the following:

1. Enter or remain within the area between a railroad track and a railroad sign or signal if the railroad grade crossing is active.

2. Occupy or remain on a railroad grade crossing when the railroad sign or signal is not active except to cross the railroad crossing on a designated walkway.

3. Remain in an area between railroad signs or signals, railroad gates or rail crossing arms if the railroad grade crossing is active.