§ 20‑142.4. Movingheavy equipment at railroad grade crossing.
(a) No person shalloperate or move any crawler‑type tractor, crane, or roller or anyequipment or structure having a normal operating speed of five or less milesper hour upon or across any tracks at a railroad crossing without firstcomplying with this section.
(b) Notice of anyintended crossing described in subsection (a) of this section shall be given toa superintendent of the railroad and a reasonable time be given to the railroadto provide protection at the crossing.
(c) Before making anycrossing described in subsection (a) of this section, the person operating ormoving the vehicle or equipment shall:
(1) Stop the vehicle orequipment not less than 15 feet nor more than 50 feet from the nearest rail ofthe railroad;
(2) While stopped, shalllisten and look both directions along the track for any approaching train andfor signals indicating the approach of a train; and
(3) Shall not proceeduntil the crossing can be made safely.
(d) No crossingdescribed in subsection (a) of this section shall be made when warning is givenby automatic signal or crossing gates or a flagman or otherwise of theimmediate approach of a railroad train or car.
(e) Subsection (c) ofthis section shall not apply at any railroad crossing where State or localauthorities have determined that trains are not operating during certainperiods or seasons of the year and have erected an official sign carrying thelegend "Exempt".
(f) Any person whoviolates any provision of this section shall be guilty of an infraction andpunished in accordance with G.S. 20‑176. Violation of this section shallnot constitute negligence per se.
(g) 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; 2005‑349, s. 15.)
§ 20‑142.4. Movingheavy equipment at railroad grade crossing.
(a) No person shalloperate or move any crawler‑type tractor, crane, or roller or anyequipment or structure having a normal operating speed of five or less milesper hour upon or across any tracks at a railroad crossing without firstcomplying with this section.
(b) Notice of anyintended crossing described in subsection (a) of this section shall be given toa superintendent of the railroad and a reasonable time be given to the railroadto provide protection at the crossing.
(c) Before making anycrossing described in subsection (a) of this section, the person operating ormoving the vehicle or equipment shall:
(1) Stop the vehicle orequipment not less than 15 feet nor more than 50 feet from the nearest rail ofthe railroad;
(2) While stopped, shalllisten and look both directions along the track for any approaching train andfor signals indicating the approach of a train; and
(3) Shall not proceeduntil the crossing can be made safely.
(d) No crossingdescribed in subsection (a) of this section shall be made when warning is givenby automatic signal or crossing gates or a flagman or otherwise of theimmediate approach of a railroad train or car.
(e) Subsection (c) ofthis section shall not apply at any railroad crossing where State or localauthorities have determined that trains are not operating during certainperiods or seasons of the year and have erected an official sign carrying thelegend "Exempt".
(f) Any person whoviolates any provision of this section shall be guilty of an infraction andpunished in accordance with G.S. 20‑176. Violation of this section shallnot constitute negligence per se.
(g) 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; 2005‑349, s. 15.)
§ 20‑142.4. Movingheavy equipment at railroad grade crossing.
(a) No person shalloperate or move any crawler‑type tractor, crane, or roller or anyequipment or structure having a normal operating speed of five or less milesper hour upon or across any tracks at a railroad crossing without firstcomplying with this section.
(b) Notice of anyintended crossing described in subsection (a) of this section shall be given toa superintendent of the railroad and a reasonable time be given to the railroadto provide protection at the crossing.
(c) Before making anycrossing described in subsection (a) of this section, the person operating ormoving the vehicle or equipment shall:
(1) Stop the vehicle orequipment not less than 15 feet nor more than 50 feet from the nearest rail ofthe railroad;
(2) While stopped, shalllisten and look both directions along the track for any approaching train andfor signals indicating the approach of a train; and
(3) Shall not proceeduntil the crossing can be made safely.
(d) No crossingdescribed in subsection (a) of this section shall be made when warning is givenby automatic signal or crossing gates or a flagman or otherwise of theimmediate approach of a railroad train or car.
(e) Subsection (c) ofthis section shall not apply at any railroad crossing where State or localauthorities have determined that trains are not operating during certainperiods or seasons of the year and have erected an official sign carrying thelegend "Exempt".
(f) Any person whoviolates any provision of this section shall be guilty of an infraction andpunished in accordance with G.S. 20‑176. Violation of this section shallnot constitute negligence per se.
(g) 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; 2005‑349, s. 15.)
