Subchapter F. Special Stops and Speed Restrictions
SUBCHAPTER F. SPECIAL STOPS AND SPEED RESTRICTIONS
§ 545.251. OBEDIENCE TO SIGNAL INDICATING APPROACH OF
TRAIN. (a) An operator approaching a railroad grade crossing
shall stop not closer than 15 feet or farther than 50 feet from the
nearest rail if:
(1) a clearly visible railroad signal warns of the
approach of a railroad train;
(2) a crossing gate is lowered, or a flagger warns of
the approach or passage of a train;
(3) a railroad engine approaching within
approximately 1,500 feet of the highway crossing emits a signal
audible from that distance and the engine is an immediate hazard
because of its speed or proximity to the crossing;
(4) an approaching railroad train is plainly visible
to the operator and is in hazardous proximity to the crossing; or
(5) the operator is required to stop by:
(A) other law;
(B) a rule adopted under a statute;
(C) an official traffic-control device; or
(D) a traffic-control signal.
(b) An operator of a vehicle required by Subsection (a) to
stop shall remain stopped until permitted to proceed and it is safe
to proceed.
(c) An operator of a vehicle who approaches a railroad grade
crossing equipped with railroad crossbuck signs without automatic,
electric, or mechanical signal devices, crossing gates, or a
flagger warning of the approach or passage of a train shall yield
the right-of-way to a train in hazardous proximity to the crossing,
and proceed at a speed that is reasonable for the existing
conditions. If required for safety, the operator shall stop at a
clearly marked stop line before the grade crossing or, if no stop
line exists, not closer than 15 feet or farther than 50 feet from
the nearest rail.
(d) An operator commits an offense if the operator drives
around, under, or through a crossing gate or a barrier at a railroad
crossing while the gate or barrier is closed, being closed, or being
opened.
(e) In a prosecution under this section, proof that at the
time of the offense a train was in hazardous proximity to the
crossing and that the train was plainly visible to the operator is
prima facie evidence that it was not safe for the operator to
proceed.
(f) An offense under this section is punishable by a fine of
not less than $50 or more than $200.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.107(a), eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1097, § 1, eff. Sept. 1, 1997.
§ 545.252. ALL VEHICLES TO STOP AT CERTAIN RAILROAD
GRADE CROSSINGS. (a) The Texas Department of Transportation or a
local authority, with respect to a highway in its jurisdiction,
may:
(1) designate a railroad grade crossing as
particularly dangerous; and
(2) erect a stop sign or other official
traffic-control device at the grade crossing.
(b) An operator approaching a stop sign or other official
traffic-control device that requires a stop and that is erected
under Subsection (a) shall stop not closer than 15 feet or farther
than 50 feet from the nearest rail of the railroad and may proceed
only with due care.
(c) The costs of installing and maintaining a mechanically
operated grade crossing safety device, gate, sign, or signal
erected under this section shall be apportioned and paid on the same
percentage ratio and in the same proportionate amounts by this
state and all participating political subdivisions of this state as
costs are apportioned and paid between the state and the United
States.
(d) An offense under this section is punishable by a fine of
not less than $50 or more than $200.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.107(b), eff. Sept. 1,
1997.
§ 545.253. BUSES TO STOP AT ALL RAILROAD GRADE
CROSSINGS. (a) Except as provided by Subsection (c), the
operator of a motor bus carrying passengers for hire, before
crossing a railroad grade crossing:
(1) shall stop the vehicle not closer than 15 feet or
farther than 50 feet from the nearest rail of the railroad;
(2) while stopped, shall listen and look in both
directions along the track for an approaching train and signals
indicating the approach of a train; and
(3) may not proceed until it is safe to do so.
(b) After stopping as required by Subsection (a), an
operator described by Subsection (a) shall proceed without manually
shifting gears while crossing the track.
(c) A vehicle is not required to stop at the crossing if a
police officer or a traffic-control signal directs traffic to
proceed.
(d) This section does not apply at a railway grade crossing
in a business or residence district.
(e) An offense under this section is punishable by a fine of
not less than $50 or more than $200.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.107(c), eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1061, § 15, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1438, § 10, eff. Sept. 1, 1997.
§ 545.2535. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE
CROSSINGS. (a) Except as provided by Subsection (c), the
operator of a school bus, before crossing a track at a railroad
grade crossing:
(1) shall stop the vehicle not closer than 15 feet or
farther than 50 feet from the track;
(2) while stopped, shall listen and look in both
directions along the track for an approaching train and signals
indicating the approach of a train; and
(3) may not proceed until it is safe to do so.
(b) After stopping as required by Subsection (a), the
operator may proceed in a gear that permits the vehicle to complete
the crossing without a change of gears. The operator may not shift
gears while crossing the track.
(c) An operator is not required to stop at:
(1) an abandoned railroad grade crossing that is
marked with a sign reading "tracks out of service"; or
(2) an industrial or spur line railroad grade crossing
that is marked with a sign reading "exempt."
(d) A sign under Subsection (c) may be erected only by or
with the consent of the appropriate state or local governmental
official.
Added by Acts 1997, 75th Leg., ch. 1061, § 16, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1438, § 11, eff. Sept. 1, 1997.
§ 545.254. VEHICLES CARRYING EXPLOSIVE SUBSTANCES OR
FLAMMABLE LIQUIDS. (a) Before crossing a railroad grade
crossing, an operator of a vehicle that has an explosive substance
or flammable liquid as the vehicle's principal cargo and that is
moving at a speed of more than 20 miles per hour:
(1) shall reduce the speed of the vehicle to 20 miles
per hour or less before coming within 200 feet of the nearest rail
of the railroad;
(2) shall listen and look in both directions along the
track for an approaching train and for signals indicating the
approach of a train; and
(3) may not proceed until the operator determines that
the course is clear.
(b) The operator of a vehicle that has an explosive
substance or flammable liquid as the vehicle's principal cargo,
before crossing a railroad grade crossing on a highway in a
municipality:
(1) shall stop the vehicle not closer than 15 feet or
farther than 50 feet from the nearest rail of the railroad;
(2) while stopped, shall listen and look in both
directions along the track for an approaching train and for signals
indicating the approach of a train; and
(3) may not proceed until the operator determines that
the course is clear.
(c) Subsections (a) and (b) do not apply:
(1) if a police officer, crossing flagger, or
traffic-control signal directs traffic to proceed;
(2) where a railroad flashing signal is installed and
does not indicate an approaching train;
(3) to an abandoned or exempted grade crossing that is
clearly marked by or with the consent of the state, if the markings
can be read from the operator's location;
(4) at a streetcar crossing in a business or
residential district of a municipality; or
(5) to a railroad track used exclusively for
industrial switching purposes in a business district.
(d) This section does not exempt the operator from
compliance with Section 545.251 or 545.252.
(e) An offense under this section is punishable by a fine of
not less than $50 or more than $200.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.107(d), eff. Sept. 1,
1997.
§ 545.255. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE
CROSSINGS. (a) This section applies only to:
(1) a crawler-type tractor, steam shovel, derrick, or
roller; and
(2) any other equipment or structure with:
(A) a normal operating speed of 10 miles per hour
or less; or
(B) a vertical body or load clearance of less
than one-half inch per foot of the distance between two adjacent
axles or less than nine inches measured above the level surface of a
roadway.
(b) An operator of a vehicle or equipment may not move on or
across a track at a railroad grade crossing unless the operator has
given notice to a station agent of the railroad and given the
railroad reasonable time to provide proper protection at the
crossing.
(c) To move a vehicle or equipment on or across a track at a
railroad grade crossing, the operator:
(1) shall stop the vehicle or equipment not closer
than 15 feet or farther than 50 feet from the nearest rail of the
railroad;
(2) while stopped, shall listen and look in both
directions along the track for an approaching train and for signals
indicating the approach of a train; and
(3) may not proceed until it is safe to cross the
track.
(d) An operator of a vehicle or equipment may not cross a
railroad grade crossing when warning of the immediate approach of a
railroad car or train is given by automatic signal, crossing gates,
a flagger, or otherwise. If a flagger is provided by the railroad,
the operator shall move the vehicle or equipment over the crossing
at the flagger's direction.
(e) An offense under this section is punishable by a fine of
not less than $50 or more than $200.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.107(e), eff. Sept. 1,
1997.
§ 545.2555. REPORT AND INVESTIGATION OF CERTAIN RAILROAD
CROSSING VIOLATIONS. (a) A person who on site observes a
violation of Section 545.251, 545.252, 545.253, 545.254, or 545.255
may file a report of the violation if the person:
(1) is an on-engine employee of a railroad; and
(2) observes the violation while on a moving engine.
(b) A report under this section must:
(1) be made:
(A) on a form approved by the department; and
(B) not later than 72 hours after the violation;
(2) be filed with:
(A) an office of the department located in the
county in which the violation occurred;
(B) the sheriff of the county in which the
violation occurred, if the violation occurred in the unincorporated
area of the county; or
(C) the police department of a municipality, if
the violation occurred in the municipality; and
(3) contain, in addition, to any other required
information:
(A) the date, time, and location of the
violation;
(B) the license plate number and a description of
the vehicle involved in the violation;
(C) a description of the operator of the vehicle
involved in the violation; and
(D) the name, address, and telephone number of
the person filing the report.
(c) A peace officer may:
(1) before the seventh day after the date a report
under this section is filed, initiate an investigation of the
alleged violation; and
(2) request the owner of the reported vehicle, as
shown by the vehicle registration records of the Texas Department
of Transportation, to disclose the name and address of the
individual operating that vehicle at the time of the violation
alleged in the report.
(d) Unless the owner of the reported vehicle believes that
to provide the peace officer with the name and address of the
individual operating the vehicle at the time of the violation
alleged would incriminate the owner, the owner shall, to the best of
the owner's ability, disclose that individual's name and address.
(e) An investigating peace officer who has probable cause to
believe that a charge against an individual for a violation of
Section 545.251, 545.252, 545.253, 545.254, or 545.255 is justified
may:
(1) prepare a written notice to appear in court that
complies with Sections 543.003, 543.006, and 543.007; and
(2) deliver the notice to the individual named in the
notice in person or by certified mail.
Added by Acts 1997, 75th Leg., ch. 165, § 30.108(a), eff. Sept. 1997