Sec. 545.254. VEHICLES CARRYING EXPLOSIVE SUBSTANCES OR FLAMMABLE LIQUIDS. (a) Before crossing a railroad grade crossing, an operator of a vehicle that has an explosive substance or flammable liquid as the vehicle's principal cargo and that is moving at a speed of more than 20 miles per hour:
(1) shall reduce the speed of the vehicle to 20 miles per hour or less before coming within 200 feet of the nearest rail of the railroad;
(2) shall listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train; and
(3) may not proceed until the operator determines that the course is clear.
(b) The operator of a vehicle that has an explosive substance or flammable liquid as the vehicle's principal cargo, before crossing a railroad grade crossing on a highway in a municipality:
(1) shall stop the vehicle not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad;
(2) while stopped, shall listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train; and
(3) may not proceed until the operator determines that the course is clear.
(c) Subsections (a) and (b) do not apply:
(1) if a police officer, crossing flagger, or traffic-control signal directs traffic to proceed;
(2) where a railroad flashing signal is installed and does not indicate an approaching train;
(3) to an abandoned or exempted grade crossing that is clearly marked by or with the consent of the state, if the markings can be read from the operator's location;
(4) at a streetcar crossing in a business or residential district of a municipality; or
(5) to a railroad track used exclusively for industrial switching purposes in a business district.
(d) This section does not exempt the operator from compliance with Section 545.251 or 545.252.
(e) An offense under this section is punishable by a fine of not less than $50 or more than $200.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.107(d), eff. Sept. 1, 1997.
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