New Hampshire Revised Statutes 265:52-a – Penalty for Violation of Railroad Crossing Provision by Commercial Drivers
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I. In addition to the penalties in N.H. Rev. Stat. § 265:52, a person is disqualified from driving a commercial motor vehicle for the period of time specified in paragraph II if he or she is convicted of one of the following offenses at a railroad grade crossing while operating a commercial motor vehicle in violation of a federal, state, or local law or regulation:
(a) For commercial drivers who are not required to stop at all railroad grade crossings, failing to slow down and check that the tracks are clear of an approaching train.
(b) For commercial drivers who are not required to stop at all railroad grade crossings, failing to stop before reaching the crossing, if the tracks are not clear.
(c) For commercial drivers who are required to stop at all railroad grade crossings, failing to stop before driving onto the crossing.
(d) For all commercial drivers, failing to have sufficient space to drive completely through the crossing without stopping.
(e) For all commercial drivers, failing to obey a traffic control device or the directions of a law enforcement officer at the crossing.
(f) For all commercial drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
II. A person is disqualified from driving a commercial motor vehicle for a period of:
(a) Not less than 60 days if the driver is convicted of or is found to have committed a first offense of a railroad grade crossing violation.
(b) Not less than 120 days if the driver is convicted of a second railroad grade crossing violation in separate incidents within a 3-year period.
(c) Not less that one year if the driver is convicted of a third or subsequent railroad grade crossing violation in separate incidents within a 3-year period.
(a) For commercial drivers who are not required to stop at all railroad grade crossings, failing to slow down and check that the tracks are clear of an approaching train.
Terms Used In New Hampshire Revised Statutes 265:52-a
- Commercial motor vehicle: shall mean a motor vehicle or a combination of motor vehicles, used in commerce, to transport passengers or property if:
(a) The vehicle has a gross vehicle weight rating of 26,001 pounds or more;
(b) The vehicle has a gross combination weight rating or actual weight of 26,001 or more pounds, inclusive of any towed unit with gross vehicle weight rating or actual weight of more than 10,000 pounds;
(c) The vehicle is designed or used to transport 16 or more passengers, including the driver; or
(d) The vehicle is of any size and is used in the transportation of hazardous materials required to be placarded under 49 C. See New Hampshire Revised Statutes 259:12-e - Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:25
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106 - Traffic: shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel. See New Hampshire Revised Statutes 259:110
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
(b) For commercial drivers who are not required to stop at all railroad grade crossings, failing to stop before reaching the crossing, if the tracks are not clear.
(c) For commercial drivers who are required to stop at all railroad grade crossings, failing to stop before driving onto the crossing.
(d) For all commercial drivers, failing to have sufficient space to drive completely through the crossing without stopping.
(e) For all commercial drivers, failing to obey a traffic control device or the directions of a law enforcement officer at the crossing.
(f) For all commercial drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
II. A person is disqualified from driving a commercial motor vehicle for a period of:
(a) Not less than 60 days if the driver is convicted of or is found to have committed a first offense of a railroad grade crossing violation.
(b) Not less than 120 days if the driver is convicted of a second railroad grade crossing violation in separate incidents within a 3-year period.
(c) Not less that one year if the driver is convicted of a third or subsequent railroad grade crossing violation in separate incidents within a 3-year period.