New Hampshire § 265-51 - Section 265:51 Moving Heavy Equipment at Railroad Grade Crossing.

§ 265-51. Section 265:51 Moving Heavy Equipment at Railroad Grade Crossing.

I. No person shall drive or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal driving speed of 10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any 2 adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section. II. Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing. III. Before making any such crossing the person driving or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 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 or other maintenance of way on-track equipment and for signals indicating the approach of a train or other maintenance of way on-track equipment, and shall not proceed until the crossing can be made safely. IV. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car or other maintenance of way on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under his or her direction. V. Any person violating this section shall be fined $125 plus penalty assessment for a first offense and $250 plus penalty assessment for a subsequent offense in a 12-month period.