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Terms Used In Vermont Statutes Title 23 Sec. 1071

  • Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
  • On-track equipment: means any car, locomotive, rolling stock, equipment, or other device that, alone or coupled, is operated on stationary rails. See
  • Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See

§ 1071. Railroad grade crossings

(a) An operator approaching a railroad grade crossing shall stop within 50 feet of, but not nearer than 15 feet from, the nearest rail of the railroad and may not proceed until he or she can do so safely when:

(1) an electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;

(2) a crossing gate is lowered or a flagger gives a signal of the approach or passage of a railroad train or other on-track equipment;

(3) a railroad train or other on-track equipment approaching within 80 rods (1,320 feet) of the highway crossing emits a signal audible from that distance and the train or other on-track equipment, by reason of its speed or nearness, is an immediate hazard;

(4) a railroad train or other on-track equipment is plainly visible and is in hazardous proximity to or is at the crossing; or

(5) a stop sign has been erected at the crossing pursuant to section 1006 of this title.

(b) No operator shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

(c) Nothing in this section prohibits an individual from operating a motor vehicle across the tracks of a railroad at grade while a mechanical warning signal is in operation, provided he or she first brings the vehicle to a full stop and reasonably ascertains that the tracks can be crossed safely. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1983, No. 25, § 2; 2019, No. 149 (Adj. Sess.), § 38.)