---
kind: "section"
citation: "49 C.F.R. § 392.10"
title: "49"
number: "392.10"
heading: "Railroad grade crossings; stopping required."
url: "https://uscodex.org/cfr/49/392.10"
---

# §392.10. Railroad grade crossings; stopping required.

- (a) Except as provided in [paragraph (b)](#b) of this section, the driver of a commercial motor vehicle specified in [paragraphs (a)](#a) (1) through (6) of this section shall not cross a railroad track or tracks at grade unless he/she first: Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks; thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. The driver must not shift gears while crossing the tracks.
  - (1) Every bus transporting passengers,
  - (2) Every commercial motor vehicle transporting any quantity of a Division 2.3 chlorine.
  - (3) Every commercial motor vehicle which, in accordance with the regulations of the Department of Transportation, is required to be marked or placarded with one of the following classifications:
    - (i) Division 1.1
    - (ii) Division 1.2, or Division 1.3
    - (iii) Division 2.3 Poison gas
    - (iv) Division 4.3
    - (v) Class 7
    - (vi) Class 3 Flammable
    - (vii) Division 5.1
    - (viii) Division 2.2
    - (ix) Division 2.3 Chlorine
    - (x) Division 6.1 Poison
    - (xi) Division 2.2 Oxygen
    - (xii) Division 2.1
    - (xiii) Class 3 Combustible liquid
    - (xiv) Division 4.1
    - (xv) Division 5.1
    - (xvi) Division 5.2
    - (xvii) Class 8
    - (xviii) Division 1.4
  - (4) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous material as defined in the Hazardous Materials Regulations of the Department of Transportation, parts [107](/cfr/49/part107.md) through [180](/cfr/49/part180.md) of this title.
  - (5) Every cargo tank motor vehicle transporting a commodity which at the time of loading has a temperature above its flashpoint as determined by [§ 173.120](/cfr/49/173.120.md) of this title.
  - (6) Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity under exemption in accordance with the provisions of [subpart B of part 107 of this title](/cfr/49/part107-subpartB.md).
- (b) **A stop need not be made at—**
  - (1) A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes, within a business district, as defined in [§ 390.5](/cfr/49/390.5.md) of this chapter.
  - (2) **A railroad grade crossing when a police officer or crossing flagman directs traffic to proceed.**
  - (3) A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication which, under local law, permits the commercial motor vehicle to proceed across the railroad tracks without slowing or stopping.
  - (4) An abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned.
  - (5) An industrial or spur line railroad grade crossing marked with a sign reading “Exempt.” Such “Exempt” signs shall be erected only by or with the consent of the appropriate State or local authority.

## Notes

### Amendments

[33 FR 19732, Dec. 25, 1968, as amended at 35 FR 7801, May 21, 1970; 38 FR 1589, Jan. 16, 1973; 40 FR 44555, Sept. 29, 1975; 45 FR 46424, July 10, 1980; 47 FR 47837, Oct. 28, 1982; 59 FR 63924, Dec. 12, 1994; 60 FR 38746, 38747, July 28, 1995; 84 FR 51435, Sept. 30, 2019]

### Authority

Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by sec. 32509 of Pub. L. 112-141, 126 Stat. 405-805 (2012); and 49 CFR 1.87.

### Source

Source: 33 FR 19732, Dec. 25, 1968, unless otherwise noted.

### Amendments

[33 FR 19732, Dec. 25, 1968, as amended at 35 FR 7801, May 21, 1970; 38 FR 1589, Jan. 16, 1973; 40 FR 44555, Sept. 29, 1975; 45 FR 46424, July 10, 1980; 47 FR 47837, Oct. 28, 1982; 59 FR 63924, Dec. 12, 1994; 60 FR 38746, 38747, July 28, 1995; 84 FR 51435, Sept. 30, 2019]