Section 66-7-341 - Railroad-highway grade crossing violations; all drivers. - New Mexico Statutes

66-7-341. Railroad-highway grade crossing violations; all drivers.

A.     A person driving a vehicle approaching a railroad-highway grade crossing shall:   

(1)     obey traffic control devices, crossing gates or barriers or the directions of an enforcement official at the crossing;   

(2)     stop not more than fifty feet and not less than fifteen feet from the nearest rail of a crossing if:   

(a)     a train is moving through or blocking the crossing;   

(b)     a train is plainly visible and approaching the crossing within hazardous proximity to the crossing;   

(c)     the sound of a train's warning signal can be heard; or   

(d)     a traffic control device, crossing gate, barrier or light or an enforcement official signals the driver to stop; and   

(3)     proceed through the railroad-highway grade crossing only if it is safe to completely pass through the entire railroad-highway grade crossing without stopping.   

B.     A person shall not:   

(1)     drive a vehicle through, around or under a crossing gate or barrier at a railroad-highway grade crossing while the gate or barrier is closed or being opened or closed;   

(2)     drive onto the railroad-highway grade crossing and stop; or   

(3)     enter a crossing if the vehicle being driven has insufficient undercarriage clearance to pass over the crossing.   

C.     The penalty assessment for violation of this section is included in Section 66-8-116 NMSA 1978.