A. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
B. Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.
C. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
D. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.
E. This section shall not apply to the normal movement of farm equipment in the regular course of farm operation.
History: 1953 Comp., § 64-7-344, enacted by Laws 1978, ch. 35, § 448.
ANNOTATIONSCross references. — For definitions applicable to this section, see 66-1-4 to 66-1-4.20 NMSA 1978.
For the penalty assessment for violation, see 66-8-116 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for personal injuries by trailer, 48 A.L.R. 939.
75 C.J.S. Railroads § 773.