2005 Connecticut Code - Sec. 14-250. Certain motor vehicles to stop at railroad crossing. Regulations. Penalty.

      Sec. 14-250. Certain motor vehicles to stop at railroad crossing. Regulations. Penalty. (a) The operator of each commercial motor vehicle transporting passengers, service bus or of each motor vehicle used for the transportation of school children and the operator of each commercial motor vehicle with a cargo tank or carrying hazardous materials, as defined in section 14-1, whether loaded or empty, before crossing at grade any track or tracks of a railroad, shall stop such vehicle not less than fifteen feet nor more than fifty feet from the nearest rail of such track, and, while so stopped, shall listen and look in each direction along such track or tracks for approaching locomotives or trains before crossing such track or tracks; and such operator shall not, in any event, cross such track or tracks when warned by automatic signal, crossing gates, flagman, law enforcement officer or otherwise of the approach of a railroad locomotive or train.

      (b) The operator of any motor vehicle specified in subsection (a) of this section shall not attempt to cross a railroad grade crossing if such vehicle cannot be driven completely through such crossing, without shifting gears, on account of its width or the clearance of its undercarriage.

      (c) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section, including exemptions for certain crossings that are allowed by the provisions of 49 CFR 392.10.

      (d) Any person who violates any provision of this section shall be fined not less than one hundred fifty dollars nor more than two hundred fifty dollars.

      (1949 Rev., S. 2418; P.A. 76-381, S. 13; P.A. 87-449, S. 2; P.A. 90-263, S. 24, 74; P.A. 94-189, S. 15; P.A. 04-217, S. 17.)

      History: P.A. 76-381 replaced provision for one hundred dollar maximum fine and/or thirty days' maximum imprisonment with statement that violation of provisions is an infraction; P.A. 87-449 changed penalty from an infraction to a fine ranging from one hundred fifty to two hundred fifty dollars; P.A. 90-263 deleted reference to public service motor vehicle, inserting commercial motor vehicle transporting passengers, taxicab, motor vehicle in livery service, motor bus and service bus in lieu thereof and substituted commercial motor vehicle carrying "hazardous materials as defined in section 14-1" for explosive substances or poisonous or compressed inflammable gases as cargo or used for the transportation of inflammable or corrosive liquids in bulk; P.A. 94-189 removed operators of taxicabs and motor vehicles in livery service from provisions of section; P.A. 04-217 designated existing provisions as Subsecs. (a) and (d) and amended Subsec. (a) to delete "motor bus", to include a motor vehicle with a cargo tank, to change requirement to stop vehicle not less than ten feet from nearest rail of railroad track to not less than fifteen feet and to include warning by law enforcement officer in requirement for operator to stop when warned and added new Subsec. (b) prohibiting operator from crossing railroad crossing if vehicle cannot be driven completely through crossing and new Subsec. (c) authorizing commissioner to adopt regulations to implement provisions of section, effective January 1, 2005.

      See chapter 881b re infractions of the law.

      Violation of statute is negligence as a matter of law. 140 C. 319, reversing 17 CS 492. Cited. 145 C. 714.

      Where plaintiff failed to stop at railway crossing, contributory negligence not established as matter of law. 17 CS 492 (reversed 140 C. 319).