§ 32:171 — Motor vehicles approaching railroad crossings; reporting violations; penalties

Louisiana § 32:171

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§171. Motor vehicles approaching railroad crossings; reporting violations; penalties
A. Whenever any person driving a motor vehicle approaches a railroad grade
crossing under any of the circumstances stated in this Section, the driver of such vehicle shall
stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and
shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the
immediate approach of a railroad train or other on-track equipment.
(2) A crossing gate is lowered or when a human flagman gives or continues to give
a signal of the approach or passage of a railroad train or other on-track equipment.
(3) A railroad train or other on-track equipment approaching within approximately
nine hundred feet of the highway crossing emits a signal in accordance with R.S. 32:168, and
such railroad train or other on-track equipment, by reason of its speed or nearness to such
crossing, is an immediate hazard.
(4) An approaching railroad train or other on-track equipment is plainly visible and
is in hazardous proximity to such crossing.
(5) A stop sign is erected at the approach to a railroad grade crossing.
B. No person shall stop a motor vehicle upon any railroad crossing.
C. No person shall drive any vehicle through, around, or under any crossing gate or
barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed
when an approaching railroad train or other on-track equipment is plainly visible and is in
hazardous proximity to such crossing.
D. No person shall drive any vehicle across any railroad crossing while the signal
devices are flashing when an approaching railroad train or other on-track equipment is
plainly visible and is in hazardous proximity to such crossing.
E. At any railroad grade crossing provided with railroad cross buck signs, without
automatic, electric, or mechanical signal devices, crossing gates, or a human flagman giving
a signal of the approach or passage of a train or other on-track equipment, the driver of a
vehicle shall in obedience to the railroad cross buck sign, yield the right of way and slow
down to a speed reasonable for the existing conditions and shall stop, if required for safety,
at a clearly marked stopped line or, if no line, within fifty feet but not less than fifteen feet
from the nearest rail of the railroad and shall not proceed until he or she can do so safely.
If a driver is involved in a collision at a railroad crossing or interferes with the movement of
a train or other on-track equipment after driving past the railroad cross buck sign, the
collision or interference is prima facie evidence of the driver's failure to yield the right of
way.
F. Any person who violates any provision of this Section shall be fined as follows:
(1) On first offense the fine shall be not more than two hundred dollars or
imprisonment for not more than thirty days, or both. In addition, the person in violation shall
be required to attend an Operation Lifesaver Course to be given by a certified Operation
Lifesaver presenter within one hundred eighty days after adjudication of the citation. It shall
be the responsibility of the violator to notify the appropriate court of the successful
completion of the Operation Lifesaver Course. Twenty-five dollars of each fine imposed
pursuant to the provisions of this Paragraph shall be collected by the court and shall
immediately be forwarded to the state treasurer for deposit in the state treasury.
(2) On second and each subsequent offense, the fine shall not be more than five
hundred dollars or imprisonment for not more than ninety days, or both. In addition, the
person in violation shall be required to attend a one-day safe driver's course designed by
Operation Lifesaver within one hundred eighty days after adjudication of the citation. It shall
be the responsibility of the violator to notify the appropriate court of the successful
completion of the Operation Lifesaver Course. Twenty-five dollars of each fine imposed
pursuant to the provisions of this Paragraph shall be collected by the court and shall
immediately be forwarded to the state treasurer for deposit in the state treasury.
(3) Any person who violates any provision of this Section by racing a train or other
on-track equipment to a railroad crossing and thereby causes immediate danger to any
railroad crew member, the general public, or damage to any property in the immediate
vicinity of the crossing shall be fined not more than one thousand dollars. In addition, the
person in violation shall be required to attend a one-day safe driver's course designed by
Operation Lifesaver within one hundred eighty days after the adjudication of the citation.
It shall be the responsibility of the violator to notify the appropriate court of jurisdiction of
the successful completion of the Operation Lifesaver Program.
(4) If a violator fails to attend any safe driving courses pursuant to this Subsection,
the department shall suspend such violator's driving privileges for a period of thirty days.
G. The governing authority of a municipality may enter into a cooperative endeavor
agreement authorizing certified railroad law enforcement officers to assist in the enforcement
of state laws and local ordinances pertaining to railroad grade crossings within its municipal
limits.
H. The operator, engineer, or conductor of any train or other on-track equipment is
authorized to notify the appropriate law enforcement authority of any railroad grade crossing
violation within thirty-six hours of the violation. The operator, engineer, or conductor shall
report such violations by affidavit which shall contain the color, license number, and any
other identifiable information from the vehicle involved in the violation. In addition to the
affidavit, the law enforcement officer may rely upon other evidence of a grade crossing
violation including photographic or video evidence. A law enforcement officer may issue
a citation to the owner or driver of the vehicle, or in the case of a leased vehicle, the lessee
or driver of the leased vehicle, on the basis of the information contained in the affidavit or
photographic or video evidence. The owner or lessee shall not be cited if the vehicle had
been stolen.

Legislative History

Acts 1962, No. 310, §1. Amended by Acts 1982, No. 669, §1; Acts 1998, 1st Ex. Sess., No. 122, §1; Acts 2001, No. 352, §1; Acts 2001, No. 569, §1; Acts 2005, No. 477, §1; Acts 2012, No. 834, §5, eff. July 1, 2012; Acts 2017, No. 410, §1.