28-853. Railroad grade crossing; stop required of certain vehicles; other requirements

A. Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying any school child or of any vehicle carrying or returning after delivery of explosive substances or flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train and not proceed until the driver can do so safely. After stopping as required by this section and on proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the vehicle for which there is no need to change gears while traversing the crossing and shall not shift gears while crossing the track or tracks. This subsection does not apply at:

1. A crossing where a police officer or a traffic control signal directs traffic to proceed.

2. A street railway grade crossing within a business or residence district.

B. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle being driven.

C. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle, including a train or a city transit vehicle.