Approaching and Travel Over Railroad Grade Crossing

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Uniform Rules of the Road
  5. Negotiating Railroad Crossings, Entering Highways From Private Driveways
  6. Approaching and Travel Over Railroad Grade Crossing

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  1. As used in this Code section, the term "other on-track equipment" means any car, rolling stock, or other device that, alone or coupled to another device, is operated on stationary rails.
  2. Whenever any person driving a vehicle approaches a railroad grade crossing, such driver shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall not proceed until he or she can do so safely, when:
    1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train;
    2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach of the passage of a train or other on-track equipment; or
    3. An approaching train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.
  3. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
  4. If no electric or mechanical signal device is giving warning of the immediate approach of a train or other on-track equipment, no crossing gate or barrier is closed, there is no stop sign at the crossing, and there is no human flagman giving warning, all drivers shall slow to a reasonable and prudent speed and verify that there is no approaching train or other on-track equipment prior to proceeding. For the purposes of this subsection, "a reasonable and prudent speed" means a speed slow enough to enable the driver to safely stop the vehicle prior to reaching the nearest rail of such crossing.
  5. No person shall drive a vehicle over a railroad grade crossing when a train or other on-track equipment is approaching.
  6. No person shall drive a vehicle over a railroad grade crossing if there is insufficient space to drive completely through the crossing without stopping.
  7. No person shall drive a vehicle over a railroad grade crossing if there is insufficient undercarriage clearance for the vehicle to negotiate the crossing.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 83; Code 1933, § 68A-701, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2003, p. 484, § 9; Ga. L. 2018, p. 354, § 1/SB 409.)

The 2018 amendment, effective July 1, 2018, inserted "or other on-track equipment" throughout; added subsection (a); redesignated former subsection (a) as present subsection (b) and inserted "or she" near the end of the introductory paragraph; and redesignated former subsections (b) through (f) as present subsections (c) through (g), respectively.

RESEARCH REFERENCES

C.J.S.

- 74 C.J.S., Railroads, § 786 et seq.

ALR.

- Traveler's ignorance of existence of railroad crossing as affecting liability for injury, 40 A.L.R. 1309.

Duty of automobilist to shut off motor at railroad crossing, 54 A.L.R. 542.


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