41-6a-1206.  Railroad crossing duties respecting crawler type tractor, power shovel, derrick, or other equipment or structure.

(1)  A person may not operate or move the following on or across any tracks at a railroad grade crossing without first complying with this section:

Terms Used In Utah Code 41-6a-1206

  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
  • Other 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-102
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • Person: 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-102
  • Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
  • Railroad 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-102
  • Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Vehicle: 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
(a)  a crawler type tractor;

(b)  a power shovel;

(c)  a derrick;

(d)  a roller; or

(e)  any equipment or structure having:

(i)  normal operating speed of 10 or less miles per hour; or

(ii)  a vertical body or load clearance of less than:

(A)  1/2 inch per foot of the distance between any two adjacent axles; or

(B)  in any event, nine inches measured above the level surface of a roadway.

(2)  A person intending to operate or move a vehicle or equipment described in Subsection (1) on or across railroad tracks at a railroad grade crossing shall give to the railroad:

(a)  notice of the person’s intended crossing; and

(b)  reasonable time to provide proper protection at the railroad grade crossing.

(3)  Before making a crossing under this section, a person operating or moving a vehicle or equipment described in Subsection (1):

(a)  shall first stop within 50 feet but not closer than 15 feet from the nearest rail of the railway;

(b)  while stopped, shall:

(i)  look in both directions along the railroad track for:

(A)  a sign of an approaching railroad train or other on-track equipment; or

(B)  a signal indicating the approach of a railroad train or other on-track equipment; and

(ii)  listen for a signal indicating the approach of a railroad train or other on-track equipment; and

(c)  may proceed across the track only when the crossing can be made safely.

(4)  A person operating or moving a vehicle or equipment described in Subsection (1) shall obey all traffic control devices or the directions of a peace officer or other crossing official at the crossing.

(5)  A violation of this section is an infraction.

Amended by Chapter 104, 2022 General Session

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