§ 3582. Crossings; use of audible warning device

(a) An audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded sufficiently in advance of each public highway grade crossing to give warning of a train's approach and shall be kept sounding until the train has crossed the highway.

(b) Notwithstanding subsection (a) of this section, the Agency, following the procedures set forth in 3 V.S.A. chapter 25, may prohibit the sounding of audible warning devices at public and private grade crossings equipped with the following safety features or other safety features of similar effect:

(1) Flashing lights in each direction which are automatically activated by approaching trains.

(2) Two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both extended across approximately half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered.

(3) A bell that is automatically activated by the approaching train.

(4) Overhead street lights.

(5) Signs posted before the crossing in each direction warning motorists and pedestrians of the crossing ahead.

(6) Posted speed limits for traffic of not more than 40 miles per hour.

(7) Not more than two lanes of vehicular traffic in each direction at the crossing.

(c) No prohibition by the Agency under subsection (b) of this section shall become effective until the Federal Railroad Administration grants a waiver or exemption under 49 U.S.C. § 20153. The Agency shall promptly notify all affected railroads when a waiver or exemption is granted.

(d) A railroad operating a train over a crossing at which the Agency has prohibited the sounding of audible warning devices shall not, on the basis of its omission to sound an audible warning device, be liable to any person for death, personal injury, or property damage resulting from use of the crossing.

(e) Nothing in this section shall prohibit a railroad's use of an audible warning device in emergency circumstances.

(f) A municipality in which a crossing is located shall not, on the basis of the railroad's omission to sound an audible warning device because of a prohibition by the Agency under subsection (b) of this section, incur liability to any person for death, personal injury, or property damage, resulting from use of the crossing. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53b; 1995, No. 183 (Adj. Sess.), § 9a, eff. May 22, 1996; 1997, No. 150 (Adj. Sess.), § 5.)