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§ 40-6-140. Obedience to signal indicating approach of train; reasonable and prudent standard for crossing railroad grade

 

§ 40-6-140.  Obedience to signal indicating approach of train; reasonable and prudent standard for crossing railroad grade
   (a) Whenever any person driving a vehicle approaches a railroad grade crossing, such driver shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall not proceed until he can do so safely, when:

   (1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train;

   (2) A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach of the passage of a train; or

   (3) An approaching train is plainly visible and is in hazardous proximity to such crossing.

(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

(c) If no electric or mechanical signal device is giving warning of the immediate approach of a train, no crossing gate or barrier is closed, there is no stop sign at the crossing, and there is no human flagman giving warning, all drivers shall slow to a reasonable and prudent speed and verify that there is no approaching train prior to proceeding. For the purposes of this subsection, "a reasonable and prudent speed" means a speed slow enough to enable the driver to safely stop the vehicle prior to reaching the nearest rail of such crossing.

(d) No person shall drive a vehicle over a railroad grade crossing when a train is approaching.

(e) No person shall drive a vehicle over a railroad grade crossing if there is insufficient space to drive completely through the crossing without stopping.

(f) No person shall drive a vehicle over a railroad grade crossing if there is insufficient undercarriage clearance for the vehicle to negotiate the crossing.
 

 


Shane Smith
Advocate for the Seriously Injured in Georgia