§ 20-142.3. Certain vehicles must stop at railroad grade crossing. - North Carolina Statutes

§ 20‑142.3.  Certainvehicles must stop at railroad grade crossing.

(a)        Before crossing atgrade any track or tracks of a railroad, the driver of any school bus, anyactivity bus, any motor vehicle carrying passengers for compensation, anycommercial motor vehicle listed in 49 C.F.R. § 392.10, and any motor vehiclewith a capacity of 16 or more persons shall stop the vehicle within 50 feet butnot less than 15 feet from the nearest rail of the railroad. While stopped, thedriver shall listen and look in both directions along the track for anyapproaching train and shall not proceed until the driver can do so safely. Uponproceeding, the driver of the vehicle shall cross the track in a gear thatallows the driver to cross the track without changing gears and the drivershall not change gears while crossing the track or tracks.

(b)        Except for schoolbuses and activity buses, the provisions of this section shall not require thedriver of a vehicle to stop:

(1)        At railroad tracksused exclusively for industrial switching purposes within a business district.

(2)        At a railroad gradecrossing which a police officer or crossing flagman directs traffic to proceed.

(3)        At a railroad gradecrossing protected by a gate or flashing signal designed to stop traffic uponthe approach of a train, when the gate or flashing signal does not indicate theapproach of a train.

(4)        At an abandonedrailroad grade crossing which is marked with a sign indicating that the railline is abandoned.

(5)        At an industrial orspur line railroad grade crossing marked with a sign reading "Exempt"erected by or with the consent of the appropriate State or local authority.

(c)        A person violatingthe provisions of this section shall be guilty of an infraction and punished inaccordance with G.S. 20‑176. Violation of this section shall notconstitute negligence per se.

(d),(e)  Repealed by SessionLaws 2001‑487, s. 50(g).

(f)         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; 1999‑274, ss. 1, 2; 2001‑487, s. 50(g); 2005‑349, s.14.)