An Act To Amend the Law Concerning Motor Vehicles at Railroad Crossings
Sec. 1. 29-A MRSA §2076, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
A vehicle may proceed across the track when the gates have been raised, the flagger indicates that no train is approaching , or , if there is an automatic electric or mechanical signal device, the operator has ascertained that no train is approaching. An operator proceeding by an automatic electric or mechanical signal device shall use extra caution.
SUMMARY
Current law requires that when a railroad crossing is protected by gates that are lowered or being lowered or a flagger or automatic signal is indicating that a train is approaching, an operator of a motor vehicle must bring that vehicle to a full stop at a distance of not less than 10 feet from the nearest rail of the crossing.
This bill provides that an operator of a motor vehicle must approach a railroad crossing in a manner so that the operator will be able to stop if necessary. The operator must stop the vehicle not less than 15 feet and not more than 50 feet from the nearest rail of the railroad track and may not proceed until the operator may do so safely if a clearly visible electric or mechanical signal device warns of the approach of a train; a crossing gate is lowered or a flagger gives or continues to give a signal or warning of the approach or passage of a train; a train is visible and is in hazardous proximity to the crossing; or a sign, device or law requires the vehicle to stop.