§ 70.08. STOPPING AT RAILROAD TRACKS.

(A) (1) The driver of any vehicle which carries any of the following, before crossing at a grade any track of a railroad on streets and highways, shall stop the vehicle not more than 50 feet nor less than 15 feet from the nearest rail or railroad, and while stopped, shall listen and look in both directions along the track for an approaching train, and shall not proceed until precaution has been taken to ascertain that the course is clear:

(a) Liquid petroleum and liquid petroleum products;

(b) Flammable, oxidizing, or corrosive liquids;

(c) Flammable, nonflammable, or poisonous compressed gases;

(d) Volatile liquids or radioactive materials, whether loaded or empty; or

(e) When carrying explosives, flammables or oxidizing solids and solids which emits poisonous fumes as a cargo or any part of a cargo;

(2) The requirements of division (A)(1) above shall not apply when any of the following circumstances or conditions exist:

(a) A police officer or a crossing flagperson directs traffic to proceed;

(b) An abandoned or exempted grade crossing which is clearly marked as such by or with the consent of competent authority, when the markings can be read from the driver's position; or

(c) Railroad tracks used exclusively for industrial switching purposes within a business district.

(Prior Code, § 5-304)

(B) (1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances set forth in this division (B), the driver of the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she can do so safely.

(2) The requirements of this division shall apply when:

(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(b) A crossing gate is lowered or a human flagperson gives or continues to give a signal of the approach or passage of a railroad train;

(c) A railroad train approaching within approximately one-quarter mile of the highway crossing emits a signal audible from the distance and the railroad train, by reason of its speed or nearness to the crossings, is an immediate hazard; or

(d) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.

(Prior Code, § 5-305)

(Neb. RS 60-680) Penalty, § 10.99