H.B. 192 Enrolled

VEHICLE SAFETY AT RAILROAD CROSSINGS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Neal B. Hendrickson
AN ACT RELATING TO MOTOR VEHICLES; AMENDING THE MINIMUM STOPPING
DISTANCE FOR VEHICLES AT RAILROAD CROSSINGS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-95, as last amended by Chapter 144, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-95 is amended to read:
41-6-95. Railroad grade crossing -- Duty to stop -- Malfunctions and school buses --
Driving through, around, or under gate or barrier prohibited.
(1) Whenever any person driving a vehicle approaches a railroad grade crossing, the
driver of the vehicle shall stop within 50 feet but not less than [ten] 15 feet from the nearest [track]
rail of the railroad track and may not proceed if:
(a) a clearly visible electric or mechanical signal device gives warning of the immediate
approach of a train;
(b) a crossing gate is lowered, or when a human flagman gives or continues to give a
signal of the approach or passage of a train;
(c) a railroad train approaching within approximately 1,500 feet of the highway crossing
emits a signal audible from such distance and the train by reason of its speed or nearness to the
crossing is an immediate hazard;
(d) an approaching train is plainly visible and is in hazardous proximity to the crossing;
or
(e) there is any other condition that makes it unsafe to proceed through the crossing.
(2) (a) A driver who suspects a false activation or malfunction of a railroad grade crossing
signal device may drive a vehicle, including a school bus, through the railroad grade crossing after
stopping if:

(i) the driver has a clear line of sight of at least one mile of the railroad tracks in all
directions;
(ii) there is no evidence of an approaching train;
(iii) the vehicle can cross over the tracks safely; and
(iv) the driver does not violate Subsection (3).
(b) As soon as is reasonably possible, the driver of a school bus shall notify the driver's
dispatcher and the dispatcher shall notify the owner of the railroad track where the grade crossing
signal device is located of the false activation or malfunction.
(3) A person may not drive any vehicle through, around, or under any crossing gate or
barrier at a railroad crossing while the gates or barrier is closed or is being opened or closed.

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