Rules of the Road for Drivers

ORS 811.475
Obstructing rail crossing

  • penalty


(1)

A person commits the offense of obstructing a rail crossing if the person is operating a vehicle and the person does either of the following:

(a)

Drives onto any railroad or rail fixed guideway public transportation system grade crossing when there is not sufficient space on the other side of the railroad or rail fixed guideway public transportation system grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians, railroad trains, other on-track equipment or rail fixed guideway public transportation system vehicles; or

(b)

While driving a commercial motor vehicle, fails to negotiate the rail crossing because of insufficient undercarriage clearance.

(2)

The offense described in this section is applicable whether or not a traffic control device indicates to proceed.

(3)

The offense described in this section, obstructing rail crossings, is a Class B traffic violation. [1983 c.338 §652; 1995 c.383 §74; 2001 c.492 §5; 2001 c.522 §8; 2017 c.46 §9; 2017 c.176 §7]
Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Source

Last accessed
Jun. 26, 2021