2005 Montana Code Annotated - 61-8-347 — Obedience to signal indicating approach of train.

     61-8-347. Obedience to signal indicating approach of train. (1) When a person operating a vehicle approaches a railroad crossing under any of the circumstances stated in this section, the operator of the vehicle shall stop as close as practicable but not less than 15 feet from the nearest rail of the railroad and may not proceed until the operator can do so safely. These requirements apply when:
     (a) a clearly visible electric or mechanical signal device gives warning of the presence or immediate approach of a railroad train;
     (b) a crossing gate is lowered or when a flag person gives a signal of the approach or passage of a railroad train;
     (c) a railroad train approaching within approximately 1,500 feet of the crossing emits a signal audible from that distance, except at crossings within quiet zones established under 69-14-620, indicating that the train is an immediate hazard because of its speed or nearness to the crossing; or
     (d) an approaching railroad train is plainly visible and is in hazardous proximity to the crossing.
     (2) A person may not operate a vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while the gate or barrier is closed or is being opened or closed.

     History: En. Sec. 88, Ch. 263, L. 1955; R.C.M. 1947, 32-2191; amd. Sec. 29, Ch. 352, L. 2003; amd. Sec. 2, Ch. 527, L. 2003.