§ 2131.39. Stopping at grade crossings.

(a)

The operator of any motor vehicle carrying passengers for hire, or of any school bus, or of any vehicle carrying explosives or flammable liquids as cargo, or as such part of a cargo as to constitute a hazard, before crossing at grade any track of a railroad, shall stop such vehicle, and while so stopped shall listen through an open door or open window and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, and shall proceed only upon exercising due care after stopping, looking, and listening as required by this section. Upon proceeding, the operator of such a vehicle shall cross only in a gear that will ensure there will be no necessity for changing gears while traversing the crossing and shall not shift gears while crossing the tracks.

This section does not apply to any of the following: street railway grade crossings, or to abandoned tracks, spur tracks, side tracks and industrial tracks when the Ohio Public Utilities Commission has authorized and approved the crossing of such tracks without making the stop required by this section.

(ORC 4511.63)

(b)

When authorized stop signs are erected at railroad grade crossings, the operator of any vehicle shall stop within fifty (50), but not less than fifteen (15) feet from the nearest rail of the railroad tracks and shall exercise due care before proceeding across such grade crossing.

(ORC 4511.61)

(c)

Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one (1) or more violations of this section or Sections 4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Ohio Revised Code or a municipal ordinance that is substantially similar to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree.

(ORC 4511.61, 4511.63; Ord. 1170-75: Ord. 2120-03 § 1 (part).)