KRS 189.560: Railroad crossings -- Duties of motor vehicle operators and commercial

drivers -- Railroad's liability for death or injury.

(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 immediate

approach of a railroad train or other on-track equipment;

(b) A crossing gate is lowered warning of the immediate approach or passage of a

railroad train or other on-track equipment;

(c) An approaching train or other on -track equipment is visible and in hazardous

proximity; or

(d) A human flagman signals the approach or passage of a train or other on -track

equipment.

(2) In addition to subsection (1) of this section, a person who holds or is required to

hold a CDL as defined in KRS 281A.010 and is driving a commercial motor vehicle

shall:

(a) Slow down and check that the railroad tracks are clear of an approaching train;

(b) Stop and remain standing at a railroad grade crossing if the railroad tracks are

not clear;

(c) Maintain sufficient space to drive completely through the railroad grade

crossing without stopping; and

(d) Negotiate a railroad grade crossing only with sufficient undercarriage

clearance.

(3) 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 no closer than a marked stop

line or fifteen (15) feet, nor more than thirty (30) feet, from the nearest rail of the

tracks.

(4) 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 twenty-five (25)

feet 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 ten (10) inches in height.

(5) The cabinet shall install the signs described in subsection (3) of this section, within

sixty (60) days after the crossing is designated unsafe.

(6) Subsections (3) to (5) of this section 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.

(7) The failure to observe subsections (3) to (6) of this section 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.

(8) If subsection (7) of this section is declared unconstitutional, then subsections (3) to

(8) of this section shall be ineffective.