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189.560 Railroad crossings -- Duties of motor vehicle operators and
commercial drivers -- Railroad's liability for death or injury.
(1)
(2)
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.
In addition to subsection (1) of this section, a person who holds or is required
to hold a CDL as defined in KRS 281A.010 and is driving a commercial motor
vehicle shall:
(a) Slow down and check that the railroad tracks are clear of an approaching
train;
(b)
(3)
(4)
(5)
(6)
(7)
(8)
Stop and remain standing at a railroad grade crossing if the railroad
tracks are not clear;
(c) Maintain sufficient space to drive completely through the railroad grade
crossing without stopping; and
(d) Negotiate a railroad grade crossing only with sufficient undercarriage
clearance.
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) of this section,
within sixty (60) days after the crossing is designated unsafe.
Subsections (3) to (5) of this section 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 (3) to (6) of this section 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 (7) of this section is declared unconstitutional, then subsections
(3) to (8) of this section shall be ineffective.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 21, sec. 2, effective June 25, 2013. -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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