Previous
publications of The Angels on Track Foundation, including Crossing
To Safety, have identified the legal responsibilities of railroads
to provide for safe crossing of their track. In general, these
duties include: (1) sounding the locomotive’s warning device
(whistle and/or bell) in a designated sequence beginning at a quarter
mile before the crossing; (2) eliminating overgrown vegetation
for a distance of 600 feet up and down the track from the crossing,
along the railroad’s right of way – often, but not
always, 33-50 feet wide on each side of the track; (3) complying
with federally-designated speed limits, depending on the class
(quality) of track; and (4) maintaining track structure (rail,
ties, ballast, etc.), rolling stock (locomotives and cars) and
warning devices (especially gates and signals) in accordance with
industry-wide, federal and state requirements. This paper presents
the other side of the shared legal responsibilities for safe crossing
of motorists at railroad-highway intersections – that is,
the obligation of motorists to exercise diligence in approaching
all types of such crossings.
Unlike railroad responsibilities, the legal duties of Ohio
motorists at railroad crossings derive solely from state
law: Ohio Revised Code (ORC) No. 4511.62, “Driver’s Duties Relating To Railroad
Grade Crossings.” Under this law, violators are guilty of a misdemeanor
of the fourth degree. Depending on the conditions associated with so-called “active” and “passive” railroad
crossings – as identified under appropriate categories below
– Ohio law states that when a vehicle approaches a railroad
crossing, it must stop between 15 and 50 feet from the nearest rail
of the crossing when:
Active Crossings (Equipped with Signals and/or Automated
Gates)
- An electronic or
manual signal indicates that a train is approaching (i.e.,
the signal is activated).
- A crossing gate is
being, or is, lowered, or
- A flag-person (railroad
employee) signals that a train is approaching.
- Furthermore, it
is illegal for motorists to drive through, under or around
closed or partially closed automated gates (or other barriers)
unless they are signaled to do so by a law enforcement officer
or flag-person.
Passive Crossings Equipped
With Crossbucks
- An approaching train
is emitting an audible signal (whistle, bell) or
- An approaching train
is plainly visible to the motorist and is in hazardous proximity
to the crossing.
Passive Crossings Equipped
With Stop Signs
- A train is approaching
or not approaching.
All
Crossings
- There is insufficient
space on the other side of the railroad track to accommodate
the motor vehicle without placing others (vehicles, pedestrians,
trains) in danger, or
- There is insufficient
undercarriage clearance (on the vehicle) to safely negotiate
the crossing.
Motorists who approach
railroad crossings are not legally permitted to proceed until the
conditions requiring them to stop are no longer in existence. When
such conditions do not exist, motorists are free to travel through
the crossing at posted speeds. In essence, a crossbuck is a “yield”
and not a “stop” sign, although it acts as a stop sign
under certain conditions.
Ohio laws applicable to motorists at railroad crossings are
most often enforced by the Ohio State Police. These laws
are of paramount importance to safety, and needless to say,
should be observed and enforced with due diligence. Thus,
motorists should not only understand the proper way to approach
railroad crossings – often presented
as “shoulds”
and “tips” – they must also be aware of the legal
requirements for safe driving. In this regard, the railroad-crossing
section of the Digest of Ohio Motor Vehicle Laws could use
refinements that place more emphasis on the uniqueness of railroad
crossings, provide illustrations of the types of safety and informational
devices at crossings, and clearly list the applicable state laws.
At the same time, safety educators and law enforcement should
understand that the requirement for motorists’ yielding to
trains at crossings should be viewed in a larger context – that
is, that in some cases the failure to yield may not be the exclusive
fault of motorists. For example, where locomotive engineers fail
to blow the whistle at the designated time, it may be too late
for approaching motorists to hear the train in time to yield to
the train in the legal context. Also, where motorist sight obstructions
block an adequate view of approaching trains, motorists are at
a distinct disadvantage in being able to spot trains. In this regard,
Ohio state police should be trained to understand railroad legal
requirements at crossings, as well as motorist duties.
The pressure on motorists at railroad crossings is significant.
Not only must they interpret warning and information devices,
in all cases they are expected to yield to approaching trains – even
where they have difficulty in hearing and/or seeing those trains.
While motorist education of Ohio law is important, at least equally
important is the elimination of obstacles that undermine the ability
of law-abiding motorists to safely cross railroad tracks. In Ohio,
the place to start is with more effective inspection of railroad
crossings by the Public Utilities Commission of Ohio – including
the adequacy of motorist sight obstructions. The place to finish
is with Ohio state police, and/or others, citing railroads for failing
to comply with state law, especially ORC No. 4955.36. |
