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189.560 Railroad crossings.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The operator of a vehicle shall stop and remain standing at a railroad grade crossing
when any of the following conditions exist:
(a) A visible electric or mechanical signal device warns of the immediate
approach of a railroad train;
(b) A crossing gate is lowered warning of the immediate approach or passage of a
railroad train;
(c) An approaching train is visible and in hazardous proximity; or
(d) A human flagman signals the approach or passage of a train.
Whenever the tracks of any railroad or interurban railway over which trains or cars
are regularly operated cross a state maintained highway at grade, the cabinet may
designate that crossing as "unsafe," and no operator of any vehicle shall cross the
crossing without first bringing his vehicle to a full stop no closer than a marked stop
line or fifteen (15) feet, nor more than thirty (30) feet, from the nearest rail of the
tracks.
At crossings designated "unsafe," the cabinet shall place and maintain on each side
of the tracks on the right side of the highway, at the marked stopping position, or, if
the stopping position is not marked, on the pavement not more than twenty-five (25)
feet in advance of the track, an octagonal shape sign of a type and size currently
approved for use by the cabinet bearing the word "Stop" in white letters not less
than ten (10) inches in height.
The cabinet shall install the signs described in subsection (3), within sixty (60) days
after the crossing is designated unsafe.
Subsections (2) to (4) shall not apply to grade crossings at which have been
constructed and maintained gates, electric warning signals, or other automatic
audible signals, or which are protected by watchmen.
The failure to observe subsections (2) to (5) shall not change the liability of any
railroad or interurban railway in the trial of any civil case against the railroad or
interurban railway for death or injuries, to person or property.
If subsection (6) is declared unconstitutional, then subsections (2) to (7) shall be
ineffective.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 173, sec. 21, effective July 12, 2006. -- Amended
1992 Ky. Acts ch. 229, sec. 3, July 14, 1992. -- Amended 1970 Ky. Acts ch. 86,
sec. 1. -- Amended 1964 Ky. Acts ch. 65, sec. 5. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739g-69w, 4353b-1
to 4353b-5.
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