42-4-708. Moving heavy equipment at railroad grade crossing.

Statute text

(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section.

(2) Notice of any such intended crossing shall be given to a superintendent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.

(3) Before making a crossing described in subsection (1) of this section, the person operating or moving the vehicle or equipment:

(a) Shall first stop the vehicle or equipment not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad;

(b) While stopped, shall listen and look in both directions along the track for any approaching train, for on-track equipment, or for signals indicating the approach of a train or on-track equipment; and

(c) Shall not proceed until the crossing can be made safely.

(4) Before making a crossing described in subsection (1) of this section, the person moving or operating the vehicle or equipment shall ensure that no warning is being given, whether by automatic signal or crossing gates or a flagperson or otherwise, of the immediate approach of a railroad train or on-track equipment.

(5) Subsection (3) of this section does not apply at any railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains or on-track equipment are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend "exempt", which sign constitutes legally sufficient notice that the crossing is exempt from the stopping requirement in this section.

(6) Any person who violates any provision of this section commits a class B traffic infraction.

History

Source: L. 94: Entire title amended with relocations, p. 2350, 1, effective January 1, 1995. L. 2021: (3), (4), and (5) amended, (HB 21-1245), ch. 218, p. 1152, 3, effective September 7.

Annotations

Editor's note: This section is similar to former 42-4-609 as it existed prior to 1994.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 42-4-708 is similar to 42-4-609 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included with the annotations to this section.

Violation of this section is negligence per se. Colo. & S. Ry. v. Duffy Storage & Moving Co., 145 Colo. 344, 361 P.2d 144 (1961).

Last clear chance applies. A violation of this section which would otherwise preclude a party from recovering is not conclusive if the doctrine of last clear chance applies, for then violation of the statute is not the proximate cause of the accident and a negligent plaintiff may yet recover. Colo. & S. Ry. v. Duffy Storage & Moving Co., 145 Colo. 344, 361 P.2d 144 (1961).