Kentucky Statutes 189.560 – Railroad crossings — Duties of motor vehicle operators and commercial drivers — Railroad’s liability for death or injury
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(1) The operator of a vehicle shall stop and remain standing at a railroad grade crossing when any of the following conditions exist:
(a) A visible electric or mechanical signal device warns of the immediate approach of a railroad train or other on-track equipment;
(b) A crossing gate is lowered warning of the immediate approach or passage of a railroad train or other on-track equipment;
(c) An approaching train or other on-track equipment is visible and in hazardous proximity; or
(d) A human flagman signals the approach or passage of a train or other on-track equipment.
(2) In addition to subsection (1) of this section, a person who holds or is required to hold a CDL as defined in KRS § 281A.010 and is driving a commercial motor vehicle shall:
(a) Slow down and check that the railroad tracks are clear of an approaching train; (b) Stop and remain standing at a railroad grade crossing if the railroad tracks are
not clear;
(c) Maintain sufficient space to drive completely through the railroad grade crossing without stopping; and
(d) Negotiate a railroad grade crossing only with sufficient undercarriage clearance.
(3) Whenever the tracks of any railroad or interurban railway over which trains or cars are regularly operated cross a state maintained highway at grade, the cabinet may designate that crossing as “unsafe,” and no operator of any vehicle shall cross the crossing without first bringing his vehicle to a full stop no closer than a marked stop line or fifteen (15) feet, nor more than thirty (30) feet, from the nearest rail of the tracks.
(4) At crossings designated “unsafe,” the cabinet shall place and maintain on each side of the tracks on the right side of the highway, at the marked stopping position, or, if the stopping position is not marked, on the pavement not more than twenty-five (25) feet in advance of the track, an octagonal shape sign of a type and size currently approved for use by the cabinet bearing the word “Stop” in white letters not less than ten (10) inches in height.
(5) The cabinet shall install the signs described in subsection (3) of this section, within sixty (60) days after the crossing is designated unsafe.
(6) Subsections (3) to (5) of this section shall not apply to grade crossings at which have been constructed and maintained gates, electric warning signals, or other automatic audible signals, or which are protected by watchmen.
(7) The failure to observe subsections (3) to (6) of this section shall not change the liability of any railroad or interurban railway in the trial of any civil case against the railroad or interurban railway for death or injuries, to person or property.
(8) If subsection (7) of this section is declared unconstitutional, then subsections (3) to
(8) of this section shall be ineffective.
(a) A visible electric or mechanical signal device warns of the immediate approach of a railroad train or other on-track equipment;
Terms Used In Kentucky Statutes 189.560
- Motor vehicle: includes all vehicles, as defined in paragraph (a) of this subsection, except:
1. See Kentucky Statutes 189.010 - Operator: means the person in actual physical control of a vehicle. See Kentucky Statutes 189.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Vehicle: includes :
1. See Kentucky Statutes 189.010
(b) A crossing gate is lowered warning of the immediate approach or passage of a railroad train or other on-track equipment;
(c) An approaching train or other on-track equipment is visible and in hazardous proximity; or
(d) A human flagman signals the approach or passage of a train or other on-track equipment.
(2) In addition to subsection (1) of this section, a person who holds or is required to hold a CDL as defined in KRS § 281A.010 and is driving a commercial motor vehicle shall:
(a) Slow down and check that the railroad tracks are clear of an approaching train; (b) Stop and remain standing at a railroad grade crossing if the railroad tracks are
not clear;
(c) Maintain sufficient space to drive completely through the railroad grade crossing without stopping; and
(d) Negotiate a railroad grade crossing only with sufficient undercarriage clearance.
(3) Whenever the tracks of any railroad or interurban railway over which trains or cars are regularly operated cross a state maintained highway at grade, the cabinet may designate that crossing as “unsafe,” and no operator of any vehicle shall cross the crossing without first bringing his vehicle to a full stop no closer than a marked stop line or fifteen (15) feet, nor more than thirty (30) feet, from the nearest rail of the tracks.
(4) At crossings designated “unsafe,” the cabinet shall place and maintain on each side of the tracks on the right side of the highway, at the marked stopping position, or, if the stopping position is not marked, on the pavement not more than twenty-five (25) feet in advance of the track, an octagonal shape sign of a type and size currently approved for use by the cabinet bearing the word “Stop” in white letters not less than ten (10) inches in height.
(5) The cabinet shall install the signs described in subsection (3) of this section, within sixty (60) days after the crossing is designated unsafe.
(6) Subsections (3) to (5) of this section shall not apply to grade crossings at which have been constructed and maintained gates, electric warning signals, or other automatic audible signals, or which are protected by watchmen.
(7) The failure to observe subsections (3) to (6) of this section shall not change the liability of any railroad or interurban railway in the trial of any civil case against the railroad or interurban railway for death or injuries, to person or property.
(8) If subsection (7) of this section is declared unconstitutional, then subsections (3) to
(8) of this section shall be ineffective.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 101, sec. 2, effective July 14, 2018. — Amended
2013 Ky. Acts ch. 21, sec. 2, effective June 25, 2013. — Amended 2006 Ky. Acts ch.
173, sec. 21, effective July 12, 2006. — Amended 1992 Ky. Acts ch. 229, sec. 3, July
14, 1992. — Amended 1970 Ky. Acts ch. 86, sec. 1. — Amended 1964 Ky. Acts ch.
65, sec. 5. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739g-69w, 4353b-1 to 4353b-5.