§ 17-59. Operation when approaching railroad crossings.

(a)

All vehicles approaching railroad street crossings shall remain on the right-hand side of the center of the street approaching such crossings. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

(1)

A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(2)

A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

(3)

A railroad train approaching within approximately nine hundred (900) feet of the highway crossing emits a signal in accordance with MCA 1972 § 77-9-225 and such railroad train by reason of its speed or nearness to such crossing, is an immediate hazard;

(4)

An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

(b)

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.

State law reference

Duty of driver to stop before crossing, MCA 1972, § 77-9-249; driving on left side of roadway when approaching grade crossing prohibited, MCA 1972, § 63-3-611(2)(b); stopping, standing, parking near railroad crossings, MCA 1972, § 63-3-901(1)(i); stopping on approach of trains, MCA 1972, §§ 63-3-1007—63-3-1013.

Cross reference

Railroads generally, Ch. 23.