§ 39-10-41 — Obedience to signal indicating approach of train or other on-track equipment

North Dakota § 39-10-41

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-10: General Rules of the Road

Text

equipment.
1. When a vehicle approaches a railroad grade crossing under any of the circumstances
stated in this section, the driver of the vehicle shall stop within fifty feet [15.24 meters]
but not less than fifteen feet [4.57 meters] from the nearest rail of such railroad, and
may not proceed until the driver can do so safely. These requirements apply when:
a. A clearly visible electric or mechanical signal device gives warning of the
immediate approach of a railroad train or other on-track equipment;
b. 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;
c. A railroad train or other on-track equipment approaching within approximately one
thousand three hundred twenty feet [402.34 meters] of the highway crossing
emits a signal audible from such distance and such railroad train or other on-track
equipment, by reason of its speed or nearness to such crossing, is an immediate
hazard; or
d. An approaching railroad train or other on-track equipment is plainly visible and is
in hazardous proximity to such crossing.
2. A person may not drive a vehicle through, around, or under any crossing gate or
barrier at a railroad crossing while the gate or barrier is closed or is being opened or
closed. A person may not drive a vehicle past a human flagman at a railroad crossing
until the flagman signals that the way is clear to proceed.