[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR392.10]



[Page 356]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 392_DRIVING OF COMMERCIAL MOTOR VEHICLES--Table of Contents

 

             Subpart B_Driving of Commercial Motor Vehicles

 

Sec. 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 (a) (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.

    (1) Every bus transporting passengers,

    (2) Every commercial motor vehicle transporting any quantity of a 

Division 2.3 chlorine.

    (3) Every commercial motor vehicle which, in accordance with the 

regulations of the Department of Transportation, is required to be 

marked or placarded with one of the following classifications:

    (i) Division 1.1

    (ii) Division 1.2, or Division 1.3

    (iii) Division 2.3 Poison gas

    (iv) Division 4.3

    (v) Class 7

    (vi) Class 3 Flammable

    (vii) Division 5.1

    (viii) Division 2.2

    (ix) Division 2.3 Chlorine

    (x) Division 6.1 Poison

    (xi) Division 2.2 Oxygen

    (xii) Division 2.1

    (xiii) Class 3 Combustible liquid

    (xiv) Division 4.1

    (xv) Division 5.1

    (xvi) Division 5.2

    (xvii) Class 8

    (xviii) Division 1.4

    (4) Every cargo tank motor vehicle, whether loaded or empty, used 

for the transportation of any hazardous material as defined in the 

Hazardous Materials Regulations of the Department of Transportation, 

Parts 107 through 180 of this title.

    (5) Every cargo tank motor vehicle transporting a commodity which at 

the time of loading has a temperature above its flashpoint as determined 

by Sec. 173.120 of this title.

    (6) Every cargo tank motor vehicle, whether loaded or empty, 

transporting any commodity under exemption in accordance with the 

provisions of subpart B of part 107 of this title.

    (b) A stop need not be made at:

    (1) A streetcar crossing, or railroad tracks used exclusively for 

industrial switching purposes, within a business district, as defined in 

Sec. 390.5 of this chapter.

    (2) A railroad grade crossing when a police officer or crossing 

flagman directs traffic to proceed,

    (3) A railroad grade crossing controlled by a functioning highway 

traffic signal transmitting a green indication which, under local law, 

permits the commercial motor vehicle to proceed across the railroad 

tracks without slowing or stopping.

    (4) An abandoned railroad grade crossing which is marked with a sign 

indicating that the rail line is abandoned,

    (5) An industrial or spur line railroad grade crossing marked with a 

sign reading ``Exempt.'' Such ``Exempt'' signs shall be erected only by 

or with the consent of the appropriate State or local authority.



(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)



[33 FR 19732, Dec. 25, 1968, as amended at 35 FR 7801, May 21, 1970; 38 

FR 1589, Jan. 16, 1973; 40 FR 44555, Sept. 29, 1975; 45 FR 46424, July 

10, 1980; 47 FR 47837, Oct. 28, 1982; 59 FR 63924, Dec. 12, 1994; 60 FR 

38746, 38747, July 28, 1995]