| (a) | a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102Other on-track equipment: means a railroad car, hi-rail vehicle, rolling stock, or other device operated, alone or coupled with another device, on stationary rails. See Utah Code 41-6a-102Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102Railroad train: means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails. See Utah Code 41-6a-102Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102School bus: means a motor vehicle that:| (i) | complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and |
| (ii) | is used to transport school children to or from school or school activities. See Utah Code 41-6a-102Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102 |
| (2) |
Whenever a person operating a vehicle approaches a railroad grade crossing, the operator of the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad track and may not proceed if:
| (a) |
a clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment; |
| (b) |
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 or other on-track equipment; |
| (c) |
a railroad train or other on-track equipment approaching within approximately 1,500 feet of the highway crossing:
| (i) |
emits an audible signal; and |
| (ii) |
the railroad train or other on-track equipment is an immediate hazard because of the railroad train’s or other on-track equipment’s speed or proximity to the crossing; |
|
| (d) |
an approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing; or |
| (e) |
there is any other condition that makes it unsafe to proceed through the crossing. |
|
| (3) |
| (a) |
An operator of a vehicle who suspects a false activation or malfunction of a railroad grade crossing signal device where there is no gate or barrier may drive a vehicle through the railroad grade crossing after stopping if:
| (i) |
the operator of a vehicle has a clear line of sight of at least one mile of the railroad tracks in all directions; |
| (ii) |
there is no evidence of an approaching railroad train or other on-track equipment; |
| (iii) |
the vehicle can cross over the tracks safely; and |
| (iv) |
the operator of a school bus is compliant with written district policy. |
|
| (b) |
As soon as is reasonably possible, the operator of a school bus shall notify the driver’s dispatcher and the dispatcher shall notify the owner of the railroad track where the grade crossing signal device is located of the false activation or malfunction. |
|
| (4) |
| (a) |
A person may not drive a vehicle through, around, or under a crossing gate or barrier at an active railroad grade crossing. |
| (b) |
A person may not cause a non-rail vehicle, whether or not occupied, to pass through, around, over, or under or remain on a gate or barrier at an active railroad grade crossing. |
| (c) |
A person may not cause a non-rail vehicle, whether or not occupied, to pass around, through, over, or under or remain in a rail or fixed guideway right-of-way in a manner that would cause a railroad train or other rail vehicle to make contact with the non-rail vehicle. |
|
| (5) |
A violation of this section is an infraction. |
Amended by Chapter 104, 2022 General Session
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