railroad tracks

1catfish · Jul 23, 2011

what is the fine and points for not stopping at a rr crossing in nc with a haz mat tanker?

TankerYankr · Jul 23, 2011

1catfish said: ↑

what is the fine and points for not stopping at a rr crossing in nc with a haz mat tanker?
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The fed penalty is either a 30 or 90 day mandated license suspension ( I forget which without getting the book out).

As for monetary penalties for NC, ???.

Pedigreed Bulldog · Jul 23, 2011

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=383.51

§ 383.51 Disqualification of drivers.

(b) Disqualification for major offenses. Table 1 to § 383.51 contains a list of the offenses and periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:

If the driver is convicted of operating a CMV in violation of a Federal, State or local law because . . .

(3) The driver is always required to stop, but fails to stop before driving onto the crossing * * *

For a first conviction a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for . . .

No less than 60 days

For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for . . .

No less than 120 days

For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for . . .

No less than 1 year.
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It doesn't matter WHICH state you receive that citation in, if convicted, you will be out of the truck for at least 30 days first conviction, 120 days second conviction, and 1 year for the third/subsequent convictions.

Knowing this, I find it odd how many fuel tanker yankers and other haz-mat haulers do not stop at railroad crossings. I live right next to one that gets blown 9 times out of 10 by vehicles required to stop.

123456 · Jul 23, 2011

That conviction may make job hunting a real challenge !!!

Pedigreed Bulldog · Jul 23, 2011

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.4.html

§ 20‑17.4. Disqualification to drive a commercial motor vehicle.

(k) Disqualification for Railroad Grade Crossing Offenses. Any person convicted of a violation of G.S. 20‑142.1 through G.S. 20‑142.5, when the driver is operating a commercial motor vehicle, shall be disqualified from driving a commercial motor vehicle as follows:
(1) A person is disqualified for a period of 60 days if convicted of a first violation of a railroad grade crossing offense listed in this subsection.
(2) A person is disqualified for a period of 120 days if convicted during any three‑year period of a second violation of any combination of railroad grade crossing offenses listed in this subsection.
(3) A person is disqualified for a period of one year if convicted during any three‑year period of a third or subsequent violation of any combination of railroad grade crossing offenses listed in this subsection.
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...so then we look to G.S. 20‑142.1 through G.S. 20‑142.5, specifically 20-142.3, dealing with vehicles required to stop at railroad crossings:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-142.3.html

§ 20‑142.3. Certain vehicles must stop at railroad grade crossing.
(a) Before crossing at grade any track or tracks of a railroad, the driver of any school bus, any activity bus, any motor vehicle carrying passengers for compensation, any commercial motor vehicle listed in 49 C.F.R. § 392.10, and any motor vehicle with a capacity of 16 or more persons shall stop the vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad. While stopped, the driver shall listen and look in both directions along the track for any approaching train and shall not proceed until the driver can do so safely. Upon proceeding, the driver of the vehicle shall cross the track in a gear that allows the driver to cross the track without changing gears and the driver shall not change gears while crossing the track or tracks.
(b) Except for school buses and activity buses, the provisions of this section shall not require the driver of a vehicle to stop:
(1) At railroad tracks used exclusively for industrial switching purposes within a business district.
(2) At a railroad grade crossing which a police officer or crossing flagman directs traffic to proceed.
(3) At a railroad grade crossing protected by a gate or flashing signal designed to stop traffic upon the approach of a train, when the gate or flashing signal does not indicate the approach of a train.
(4) At an abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned.
(5) At an industrial or spur line railroad grade crossing marked with a sign reading "Exempt" erected by or with the consent of the appropriate State or local authority.
(c) A person violating the provisions of this section shall be guilty of an infraction and punished in accordance with G.S. 20‑176. Violation of this section shall not constitute negligence per se.
(d),(e) Repealed by Session Laws 2001‑487, s. 50(g).
(f) An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20‑37.21. [FONT=Times New (W1)](1991, c. 368, s. 1; 1999‑274, ss. 1, 2; 2001‑487, s. 50(g); 2005‑349, s. 14.)[/FONT]
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[FONT=Times New (W1)]49 C.F.R. § 392.10[/FONT]

[FONT=Times New (W1)]http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=392.10[/FONT]

§ 392.10Railroad grade crossings; stopping required.

(a) Except as provided in paragraph (b) of this section, the driver of a commercial motor vehicle specified in paragraphs (a) (1) through (6) of this section shall not cross a railroad track or tracks at grade unless he/she first: Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks; thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. The driver must not shift gears while crossing the tracks.

(1) Every bus transporting passengers,
(2) Every commercial motor vehicle transporting any quantity of a Division 2.3 chlorine.
(3) Every commercial motor vehicle which, in accordance with the regulations of the Department of Transportation, is required to be marked or placarded with one of the following classifications:

(i) Division 1.1
(ii) Division 1.2, or Division 1.3
(iii) Division 2.3 Poison gas

(iv) Division 4.3
(v) Class 7
(vi) Class 3 Flammable
(vii) Division 5.1

(viii) Division 2.2
(ix) Division 2.3 Chlorine
(x) Division 6.1 Poison

(xi) Division 2.2 Oxygen
(xii) Division 2.1
(xiii) Class 3 Combustible liquid
(xiv) Division 4.1
(xv) Division 5.1
(xvi) Division 5.2

(xvii) Class 8
(xviii) Division 1.4
(4) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous material as defined in the Hazardous Materials Regulations of the Department of Transportation, Parts 107 through 180 of this title.
(5) Every cargo tank motor vehicle transporting a commodity which at the time of loading has a temperature above its flashpoint as determined by §173.120 of this title.
(6) Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity under exemption in accordance with the provisions of subpart B of part 107 of this title.
(b) A stop need not be made at:
(1) A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes, within a business district, as defined in §390.5 of this chapter.
(2) A railroad grade crossing when a police officer or crossing flagman directs traffic to proceed,

(3) A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication which, under local law, permits the commercial motor vehicle to proceed across the railroad tracks without slowing or stopping.
(4) An abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned,

(5) An industrial or spur line railroad grade crossing marked with a sign reading Exempt. Such Exempt signs shall be erected only by or with the consent of the appropriate State or local authority.
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So now lets look up G.S. 20‑176 to see what the punishment is supposed to be:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-176.html

§ 20‑176. Penalty for misdemeanor or infraction.
(a) Violation of a provision of Part 9, 10, 10A, or 11 of this Article is an infraction unless the violation is specifically declared by law to be a misdemeanor or felony. Violation of the remaining Parts of this Article is a misdemeanor unless the violation is specifically declared by law to be an infraction or a felony.
(b) Unless a specific penalty is otherwise provided by law, a person found responsible for an infraction contained in this Article may be ordered to pay a penalty of not more than one hundred dollars ($100.00).
(c) Unless a specific penalty is otherwise provided by law, a person convicted of a misdemeanor contained in this Article is guilty of a Class 2 misdemeanor. A punishment is specific for purposes of this subsection if it contains a quantitative limit on the term of imprisonment or the amount of fine a judge can impose.
(c1) Notwithstanding any other provision of law, no person convicted of a misdemeanor for the violation of any provision of this Chapter except G.S. 20‑28(a) and (b), G.S. 20‑141(j), G.S. 20‑141.3(b) and (c), G.S. 20‑141.4, or a second or subsequent conviction of G.S. 20‑138.1 shall be imprisoned in the State prison system unless the person previously has been imprisoned in a local confinement facility, as defined by G.S. 153A‑217(5), for a violation of this Chapter.
(d) For purposes of determining whether a violation of an offense contained in this Chapter constitutes negligence per se, crimes and infractions shall be treated identically.
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Personally, I wouldn't be concerned about the $100 or so that the fine will be...if convicted, you will be out of work for at least 60 days.....2 months. Can you afford that? The fine is chump change compared to the ACTUAL cost of a conviction. Would you even have a job left to go back to? THAT should be your primary concern....not the points or the fine.

1catfish · Jul 24, 2011

Pedigreed Bulldog said: ↑

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.4.html

...so then we look to G.S. 20‑142.1 through G.S. 20‑142.5, specifically 20-142.3, dealing with vehicles required to stop at railroad crossings:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-142.3.html

[FONT=Times New (W1)]49 C.F.R. § 392.10[/FONT]

[FONT=Times New (W1)]http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=392.10[/FONT]

So now lets look up G.S. 20‑176 to see what the punishment is supposed to be:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-176.html

Personally, I wouldn't be concerned about the $100 or so that the fine will be...if convicted, you will be out of work for at least 60 days.....2 months. Can you afford that? The fine is chump change compared to the ACTUAL cost of a conviction. Would you even have a job left to go back to? THAT should be your primary concern....not the points or the fine.
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all i did was ask a question, and i might be out a truck for 60 days but i wouldn't be without work for that long.

oneshyne · Jun 4, 2014

*BUMP* I must say this is a interesting thread to read

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