189.560 Railroad crossings.

(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 Immediatee approach of a railroad train;

(b) A crossing gate is lowered warning of the Immediatee approach or passage of a railroad train;

(c) An approaching train is visible and in hazardous proximity; or

(d) A human flagman signals the approach or passage of a train.

(2) 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 at not less than ten feet (10'), nor more than thirty feet (30'), from the nearest rail of the tracks.

(3) 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 25' 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 10" in height.

(4) The cabinet shall install the signs described in subsection (3), within sixty (60) days after the crossing is designated unsafe.

(5) Subsections (2) to (4) 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.

(6) The failure to observe subsections (2) to (5) 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.

(7) If subsection (6) is declared unconstitutional, then subsections (2) to (7) shall be ineffective.

Effective: July 14, 1992

History: 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.

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