(1) is an employee of the railroad which owns the right-of-way in the performance of his duties;

(2) has authority from the railroad which owns the right-of-way;

(3) is using a public or private roadway which crosses over the railroad at an established grade crossing;

(4) is acting in an official capacity with the military, police force, a fire fighting organization, or some similar public authority and must enter onto the railroad right-of-way to carry out his or her responsibilities; or

(5) is an employee of a public utility or telecommunications carrier, or of the forestry industry, and must enter onto the railroad right-of-way to carry out his responsibilities.

(B) For the purposes of this section, the term "vehicle" includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.

(C) A person violating the provisions of this section, upon conviction, shall pay a fine of not more than two hundred dollars or serve a term of imprisonment for not more than thirty days.