Professional Drivers - Overview of Requirements
Professional truck drivers have special responsibilities around highway-rail grade crossings. Federal and state regulations require professional drivers who operate certain vehicles to stop before crossing at-grade railroad tracks.
Below you'll find an overview of which vehicles need to stop at highway-rail intersections and when stopping is not required, as well as an update on penalties for professional drivers who violate crossing regulations.
§392.10 Railroad grade crossings; stopping required.
(a) Except as provided in paragraph (b) of this section, the driver of a commercial motor vehicle specified in paragraphs (1) through (6) of this section shall not cross a railroad track or tracks at grade unless he/she first: Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks; thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. The driver must not shift gears while crossing the tracks.
Drivers of these vehicles must stop at every highway-rail intersection:
- Transporting chlorine, whether or not placarding is required.
- Driving any vehicle placarded for hazardous material.
- Driving a cargo tank used for hazardous materials, whether loaded or empty.
- Transporting, in a cargo tank, a Class 3 elevated temperature material.
- Transporting a hazardous material covered by a DOT exemption (shipping papers or packaging materials marked "DOT-E" followed by exemption number).
Stopping is not required:
- In some states, when the crossing is controlled by a standard traffic signal showing green when tracks are clear.
- At crossings marked with signs showing EXEMPT, ABANDONED, or TRACKS OUT OF SERVICE.
- At a streetcar or spur track in a business district, in some states.
- Where traffic is controlled by a flagman or police officer.
(Sec. 12, 80 Stat. 931; 49 U.S.C. 1651 note; 49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)
Changes to Commercial Driver's License (CDL) - New Penalties for Crossing Violations
New Commercial Drivers License changes (49 CFR Parts 350, 353, 354 & 390; specifically in 383.51) became effective September 30, 2002. Failure to observe these new laws when interacting with a railroad crossing could cost you your license!
Violations may occur at the Federal, State or Local level when:
- 1. Although the driver is not required to stop, he fails to slow down and check that the tracks are clear of an approaching train.
- 2. Although the driver is not required to stop, he fails to stop before reaching the crossing, if the tracks are not clear.
- 3. The driver is hauling materials that require a stop (flammable, etc.), but fails to stop at the crossing.
- 4. The driver fails to allow sufficient space on the opposite side of the crossing and is forced to stop with part of the truck still on the crossing.
- 5. The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing.
- 6. The driver is required to properly judge the amount of clearance needed by their undercarriage (for example at a hump crossing). (A driver who fails to negotiate a crossing and gets stuck can face these penalties.)
Penalties
1. On first conviction, a CDL holder will be disqualified from operating a commercial motor vehicle (CMV)
for no Less than 60 Days. Large truck drivers must have this license to
operate.
2. Second conviction for any combination of offenses in 3 years, a CDL holder
must be disqualified from operating a CMV for no less than a year.
These penalties are severe and are a result of several tragic crossing collisions
between trains and trucks or school buses.
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