Rule/Notice/NOFO: Railroad Grade Crossings; Stopping Required: Exception for Railroad Grade Crossing Equipped with Active Warning Device Not in Activated State
Federal Register/Notice: regulations.gov
Description: FMCSA proposes to amend the regulations related to driving a commercial motor vehicle (CMV) at railroad grade crossings. Currently, drivers of certain CMVs (e.g. buses transporting passengers and CMVs transporting certain hazardous materials) are required to stop before crossing a railroad track unless an exception applies, such as when the crossing is controlled by a functioning highway traffic signal transmitting a green indication. The Agency proposes adding a similar exception for a railroad grade crossing equipped with an active warning device that is not in an activated state (e.g. flashing lights or crossing gates down, indicating the arrival of a train).
FMCSA proposes to add an exception to § 392.10(b) for railroad grade crossings equipped with an active warning device. The exception would allow CMVs subject to § 392.10(a) to proceed if the device is not activated. A crossing is in an activated state when, for example, the lights on the warning device are flashing or the crossing gates (if equipped) are in the down position to warn the driver that one or more trains are arriving. FMCSA believes it would be appropriate to permit a CMV to proceed through an active warning device equipped railroad grade crossing without stopping where the warning device is not in activated state, because local law allows vehicles to proceed across the railroad tracks without slowing or stopping. The NPRM would mainly affect drivers of buses carrying passengers and CMVs transporting certain types of HM currently required to stop at crossings unless there is an exception allowing it to proceed. The Agency also requests comment on whether § 392.11 Railroad grade crossings; slowing down required could be eliminated to further streamline the regulations without impacting safety.
APTA Staff Advisor: Taria Barron, tbarron@apta.com
