2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 33 - Rules of the Road in General
3342 - Vehicles required to stop at railroad crossings.

     § 3342.  Vehicles required to stop at railroad crossings.
        (a)  General rule.--Except as provided in subsection (c), the
     driver of any vehicle described in subsection (b), before
     crossing at grade any track or tracks of a railroad, shall stop
     the vehicle within 50 feet but not less than 15 feet from the
     nearest rail of the railroad crossing and while so stopped shall
     listen and look in both directions along the track for any
     approaching train, and for signals indicating the approach of a
     train. When it is safe to do so, the driver of the vehicle shall
     drive the vehicle across the tracks only in such gear of the
     vehicle that there will be no necessity for manually changing
     gears while traversing the crossing. The driver shall not
     manually shift gears while crossing the track or tracks.
        (b)  Vehicles subject to stopping requirement.--Subsection
     (a) shall apply to the following vehicles:
            (1)  Any vehicle designated by the department in
        accordance with the provisions of subsection (d).
            (2)  A school bus, whether or not carrying passengers.
            (3)  Every truck and tractor combination which carries
        gasoline, diesel fuel, fuel oil, explosives or radioactive
        materials.
            (4)  Every bus transporting passengers.
            (5)  Any vehicle specified in 49 CFR 392.10(a) (relating
        to railroad grade crossings; stopping required) or any
        current amendment or modification to that section published
        by the United States Department of Transportation.
        (c)  Exceptions.--Subsection (a) does not apply at any of the
     following:
            (1)  Any railroad grade crossing at which traffic is
        controlled by a police officer or flagman, who indicates that
        the vehicle is not required to stop.
            (2)  Any railroad grade crossing at which traffic is
        regulated by a functioning highway traffic-control signal
        transmitting a green indication for the direction of travel
        of the vehicle.
            (3)  Any railroad grade crossing at which an official
        traffic-control device gives notice that the stopping
        requirement imposed by this section does not apply.
            (4)  Any abandoned railroad grade crossing which is
        marked by the former rail operator with a sign prescribed by
        the department indicating that the rail line is abandoned.
            (5)  An industrial or spur line railroad grade crossing
        marked with a sign reading "exempt." Such a sign shall be
        erected only by or with the consent of the Pennsylvania
        Public Utility Commission.
        (d)  Notice of vehicles subject to section.--The department
     shall publish in the Pennsylvania Bulletin a notice describing
     the vehicles which must comply with the stopping requirements of
     subsection (a). In developing the list of vehicles, the
     department shall give consideration to the hazardous nature of
     any substance carried by the vehicle as determined by the
     department and to the number of passengers carried by the
     vehicle in determining whether the vehicle shall be required to
     stop. This list of vehicles shall correlate with and so far as
     possible conform to the regulations of the United States
     Department of Transportation as amended from time to time.
        (e)  Use of vehicle hazard lights.--The driver of any vehicle
     mentioned in subsection (b)(2) and (3) shall activate the
     vehicle hazard lights when stopping at the railroad crossing.
        (f)  Penalty.--A violation of this section constitutes a
     summary offense punishable by a fine of from $100 to $150,
     except that a violation of subsection (b) or (e) shall be
     punishable by a fine of from $200 to $500.
        (g)  Requirement upon approaching tracks.--Every commercial
     motor vehicle as defined by section 1603 (relating to
     definitions) other than those listed in subsection (b) shall,
     upon approaching any track or tracks of a railroad, be driven at
     a rate of speed which will permit the commercial motor vehicle
     to be stopped before reaching the nearest rail of the railroad
     crossing and shall not be driven upon or over such crossing
     until the course is clear.
     (July 9, 1986, P.L.544, No.96, eff. 60 days; Dec. 11, 1986,
     P.L.1530, No.166, eff. 60 days; Dec. 10, 1996, P.L.925, No.149,
     eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;
     July 5, 2005, P.L.100, No.37)

        2005 Amendment.  Section 10(2) of Act 37 provided that Act 37
     shall take effect 90 days after publication of a notice in the
     Pennsylvania Bulletin. The notice was published July 16, 2005,
     at 35 Pa.B. 4029.
        Cross References.  Section 3342 is referred to in sections
     1535, 1611 of this title.