Montana Code Annotated 2021



Part 3. Vehicle Operating Requirements

Obedience To Signal Indicating Approach Of Train Or Other On-Track Equipment

61-8-347. Obedience to signal indicating approach of train or other on-track equipment. (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 slow the vehicle in order to 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 or other on-track equipment;

(b) a crossing gate is lowered or when a flag person gives a signal of the approach or passage of a railroad train or other on-track equipment;

(c) a railroad train approaching the crossing emits an audible signal, 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;

(d) an approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing;

(e) there is insufficient space to drive completely through the crossing without stopping; or

(f) there is insufficient undercarriage clearance to clear the railroad 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; amd. Sec. 1, Ch. 256, L. 2009; amd. Sec. 23, Ch. 323, L. 2017.