ORS 811.455
Failure to stop for railroad signal
  • penalty


(1)

A person commits the offense of failure to stop for a railroad signal if the person fails to comply with any of the following requirements:

(a)

A person who is driving a vehicle must stop the vehicle at a clearly marked stop line on the near side of a railroad crossing or, if there is no clearly marked stop line, not less than 15 feet nor more than 50 feet from the nearest rail of the crossing under any of the following circumstances:

(A)

When a clearly visible electric or mechanical signal is given by a device that warns of the immediate approach of a railroad train or other on-track equipment.

(B)

Upon the lowering of a crossing gate.

(C)

When a signal given by a flagger or police officer indicates the approach or passage of a railroad train or other on-track equipment.

(D)

When an approaching train or other on-track equipment is clearly visible and because of its nearness to the crossing is an immediate hazard.

(E)

When an audible signal is given by an approaching railroad train or other on-track equipment because its speed or nearness to the crossing is an immediate hazard.

(b)

A driver who has stopped for the passing of a train or other on-track equipment at a railroad grade crossing in accordance with the provisions of this section may not proceed across the railroad tracks until the driver can do so safely.

(c)

A person may not drive any vehicle through, around or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

(2)

The offense described in this section, failure to stop for a railroad signal, is a Class B traffic violation. [1983 c.338 §648; 1985 c.16 §317; 1995 c.383 §71; 1997 c.249 §232; 2001 c.492 §3; 2017 c.176 §1]

Source
Last accessed
May. 15, 2020