§ 28-854 — Railroad grade crossing; moving heavy equipment; exception; definition

A. A person shall not operate or move any heavy equipment on or across a track at a railroad grade crossing unless:

1. Notice of the intended crossing is given to a station agent of the railroad.

2. Before making the crossing, the person operating or moving the vehicle or heavy equipment:

(a) Stops the vehicle or equipment at least fifteen feet but not more than fifty feet from the nearest rail of the railroad.

(b) While stopped, listens and looks in both directions along the track for an approaching railroad train or other on-track equipment and for signals indicating an approaching railroad train or other on-track equipment.

3. Does not proceed until the crossing can be made safely.

B. A person shall not make a crossing pursuant to subsection A of this section when a warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car or other on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under the flagman's direction.

C. This section does not apply to the normal movement of farm equipment in the regular course of a farm operation.

D. For the purposes of this section, "heavy equipment" means any crawler type tractor, steam shovel, derrick, roller or other equipment or structure having a normal operating speed of ten miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches measured above the level surface of a roadway.