§ 20-142.1. Obedience to railroad signal. - North Carolina Statutes

§ 20‑142.1.  Obedienceto railroad signal.

(a)        Whenever any persondriving a vehicle approaches a railroad grade crossing under any of thecircumstances stated in this section, the driver of the vehicle shall stopwithin 50 feet, but not less than 15 feet from the nearest rail of the railroadand shall not proceed until he can do so safely. These requirements apply when:

(1)        A clearly visibleelectrical or mechanical signal device gives warning of the immediate approachof a railroad train;

(2)        A crossing gate islowered or when a human flagman gives or continues to give a signal of theapproach or passage of a railroad train;

(3)        A railroad trainapproaching within approximately 1500 feet of the highway crossing emits asignal audible from that distance, and the railroad train is an immediatehazard because of its speed or nearness to the crossing; or

(4)        An approachingrailroad train is plainly visible and is in hazardous proximity to thecrossing.

(b)        No person shalldrive any vehicle through, around, or under any crossing gate or barrier at arailroad crossing while the gate or barrier is closed or is being opened orclosed, nor shall any pedestrian pass through, around, over, or under anycrossing gate or barrier at a railroad crossing while the gate or barrier isclosed or is being opened or closed.

(c)        When stopping asrequired at a railroad crossing, the driver shall keep as far to the right ofthe highway as possible and shall not form two lanes of traffic unless theroadway is marked for four or more lanes of traffic.

(d)        Any person whoviolates any provisions of this section shall be guilty of an infraction andpunished in accordance with G.S. 20‑176. Violation of this section shallnot constitute negligence per se.

(e)        An employer whoknowingly allows, requires, permits, or otherwise authorizes a driver of acommercial motor vehicle to violate this section shall be guilty of aninfraction. Such employer will also be subject to a civil penalty under G.S. 20‑37.21.(1991, c. 368,s. 1; 2005‑349, s. 12.)