Railroads

265:48 Obedience to Signal Indicating Approach of Train. —

I. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

(a) A clearly visible electric or mechanical signal device gives warning of the Immediatee approach of a railroad train;

(b) A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or passage of a railroad train;

(c) A railroad train approaching within approximately 1500 feet of the way crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an Immediatee hazard;

(d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

II. No person shall drive any vehicle through, around or under any crossing or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

Source. RSA 262-A:45. 1963, 330:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 265:49

265:49 All Vehicles Must Stop at Certain Railroad Grade Crossings. — The commissioner of transportation is hereby authorized to designate particularly dangerous highway grade crossings of railroads and to order stop signs erected at such crossings. It shall be the duty of the commissioner to erect such stop signs at such designated crossings where said highways are under his jurisdiction. Local communities shall when ordered by commissioner erect such stop signs on highways within their jurisdiction. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care.

Source. RSA 262-A:46. 1963, 330:1. 1981, 146:1, eff. Jan. 1, 1982.

Section 265:50

265:50 Certain Vehicles Must Stop at all Railroad Grade Crossings. —

I. The driver of any vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.

II. No stop need be made at any such crossing when a police officer or a traffic control signal directs traffic to proceed, or by vehicles engaged in the common or contract carriage of passengers for hire, or school buses transporting school students, when such vehicles or buses are exempt by order of the commissioner of transportation.

III. Every vehicle used for the transportation of flammable liquids in cargo tanks, whether loaded or empty, or for the transportation of cylinders of liquified petroleum gas shall, upon approaching any railroad grade crossing, be brought to a full stop not more than 50 feet and not less than 15 feet from the nearest rail of such grade crossing, and shall not proceed until due caution has been taken to ascertain that the course is clear, except that a full stop need not be made at a railroad grade crossing where a police officer or a traffic control signal (not a railroad flashing signal) directs traffic to proceed; nor at an abandoned or exempted grade crossing which is clearly marked as such by or with the consent of the proper state authority, when such marking can be read from the driver's position.

IV. The term "cylinders of liquefied petroleum gas" as used in this section, shall not be deemed to include the following:

(a) Portable jugs of the nature used by tradesmen such as steamfitters, painters, plumbers, etc.; or

(b) Bottled gas cylinders when attached to house trailers in transit.

Source. 1939, 69:1. RL 119:19. RSA 263:38. 1949, 127:1. RSA 263:78. 1961, 72:1. 1963, 330:1. RSA 262-A:47. 1981, 146:1. 1985, 213:20, eff. Jan. 1, 1986.

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