61-8-350. Moving heavy equipment at railroad grade crossings. (1) A person shall comply with the provisions of this section before operating or moving upon or across the tracks at a railroad grade crossing any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure that has:
     (a) a normal operating speed of 10 or less miles an hour; or
     (b) a vertical body or load clearance measured above the surface of the roadway of:
     (i) less than one-half inch for each foot of the distance between any two adjacent axles; or
     (ii) at least 9 inches.
     (2) Notice of an intended crossing must be given to a representative of the railroad and reasonable time must be given to the railroad to provide proper protection at the crossing.
     (3) Before making a crossing, the person operating or moving the vehicle or equipment shall first stop the vehicle or equipment as close as practicable but not less than 15 feet from the nearest rail of the railroad and while stopped shall listen and look in both directions along the track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment. The person may not proceed until the crossing can be made safely.
     (4) A crossing may not be made when warning is given by automatic signal, crossing gates, a flag person, or other official traffic control device of the immediate approach of a railroad train or car or other on-track equipment. If a flag person is provided by the railroad, movement over the crossing must be under the flag person's direction.

     History: En. Sec. 91, Ch. 263, L. 1955; R.C.M. 1947, 32-2194; amd. Sec. 32, Ch. 352, L. 2003; amd. Sec. 4, Ch. 256, L. 2009.