§ 32:175 — Vehicles must yield at railroad grade crossings; exceptions; penalties for violations

§175. Vehicles must yield at railroad grade crossings; exceptions; penalties for violations
A. The driver or operator of a vehicle approaching a rail-highway grade crossing
identified by the presence of a railroad cross buck sign shall slow down to a speed reasonable
for the existing conditions, or shall stop if necessary, before entering the crosswalk on the
near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop
line, or if none, then at the point nearest the intersecting rail of such railroad where the driver
or operator has a clear view of any approaching train. The driver or operator shall listen and
look in both directions along such track for any approaching train and for signals indicating
the approach of a train. Having slowed or stopped in this manner, the driver or operator shall
yield the right-of-way to any approaching train and then shall proceed only upon exercising
due care and upon being sure that it is safe to proceed.
B. The driver or operator of a vehicle need not yield at any such rail-highway grade
crossing where a police officer or traffic-control signal directs traffic to proceed.
C. 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 offender to notify the appropriate court of the successful
completion of the Operation Lifesaver Course.
(2) On second and subsequent offenses, the fine shall be not 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 offender to notify the appropriate court of the successful completion of
the Operation Lifesaver Course.
(3) If an offender fails to attend any safe driving course as required in this
Subsection, the department shall suspend such offender's driving privileges for a period of
thirty days.
(4) No less than twenty-five dollars of each fine imposed pursuant to the provisions
of this Section shall be collected by the court and shall immediately be forwarded to the state
treasurer for deposit in the state treasury.
D. The provisions of this Section do not relieve drivers or operators of the
responsibility to comply with the provisions of R.S. 32:171 and 173.

Legislative History

Acts 1990, No. 143, §1; Acts 2005, No. 477, §1; Acts 2012, No. 811, §9, eff. July 1, 2012; Acts 2012, No. 834, §5, eff. July 1, 2012.