2005 Montana Code Annotated - 61-8-348 — All vehicles to stop at certain railroad grade crossings.


     61-8-348. All vehicles to stop at certain railroad grade crossings. (1) The department of transportation and local authorities in their respective jurisdictions may designate particularly dangerous highway grade crossings of railroads and erect stop signs at these crossings. Where these stop signs are erected, the operator of a vehicle shall stop as close as practicable but not less than 15 feet from the nearest rail of the railroad and may proceed only upon exercising due care.
     (2) The operator of a vehicle upon a highway outside of the limits of an incorporated city or town who is approaching a highway grade crossing where a flag person or a mechanical device is not in place or maintained to warn the public of approaching trains shall, before crossing the railroad tracks, stop the vehicle as close as practicable but not less than 15 feet from the nearest rail if:
     (a) a curve in the tracks or vegetation or some other feature or characteristic obscures the view of approaching trains; or
     (b) a moving train is within sight or hearing.

     History: En. Sec. 89, Ch. 263, L. 1955; amd. Sec. 64, Ch. 316, L. 1974; R.C.M. 1947, 32-2192; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 30, Ch. 352, L. 2003.

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