2016 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 4 - TRAFFIC LAWS GENERALLY
Section 66-7-341 - Railroad-highway grade crossing violations; all drivers.
66-7-341. Railroad-highway grade crossing violations; all drivers.
A. A person driving a vehicle approaching a railroad-highway grade crossing shall:
(1) obey traffic control devices, crossing gates or barriers or the directions of an enforcement official at the crossing;
(2) stop not more than fifty feet and not less than fifteen feet from the nearest rail of a crossing if:
(a) a train is moving through or blocking the crossing;
(b) a train is plainly visible and approaching the crossing within hazardous proximity to the crossing;
(c) the sound of a train's warning signal can be heard; or
(d) a traffic control device, crossing gate, barrier or light or an enforcement official signals the driver to stop; and
(3) proceed through the railroad-highway grade crossing only if it is safe to completely pass through the entire railroad-highway grade crossing without stopping.
B. A person shall not:
(1) drive a vehicle through, around or under a crossing gate or barrier at a railroad-highway grade crossing while the gate or barrier is closed or being opened or closed;
(2) drive onto the railroad-highway grade crossing and stop; or
(3) enter a crossing if the vehicle being driven has insufficient undercarriage clearance to pass over the crossing.
C. The penalty assessment for violation of this section is included in Section 66-8-116 NMSA 1978.
History: 1978 Comp., 66-7-341, enacted by Laws 2003, ch. 51, 8.
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