49 C.F.R. § 234.223
Gate arm
Each gate arm, when in the downward position, shall extend across each lane of approaching highway traffic and shall be maintained in a condition sufficient to be clearly viewed by approaching highway users. Each gate arm shall start its downward motion not less than three seconds after flashing lights begin to operate and shall assume the horizontal position at least five seconds before the arrival of any normal train movement through the crossing. At those crossings equipped with four quadrant gates, the timing requirements of this section apply to entrance gates only.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1999–2025 · leading case: Fuller v. BNSF Ry. Co., 472 F. Supp. 2d 1088 (S.D. Ill. 2007).
Fuller v. BNSF Ry. Co., 472 F. Supp. 2d 1088 (S.D. Ill. 2007). “Plaintiffs allege also that Defendants violated various laws and regulations, including 49 C.F.R. § 234.223 , so that Defendants’ negligence is negligence per se.”
Stouffer v. Union Pac. R.R. Co., 530 S.W.3d 782 (Tex. App. 2017). “See 49 C.F.R. § 234.223 (“Each gate arm shall start its downward motion not less than three seconds after flashing lights begin to operate and shall assume the horizontal position at least five seconds before the arrival of any normal train •movement through the crossing,”),, .”
Mills v. Norfolk S. Ry. Co., 526 S.E.2d 585 (Ga. Ct. App. 1999). “) 5 49 CFR §§ 234.223 , Gate arm; 234.225, Activation of warning system.”
Melanie Alverio, Etc. v. New Jersey Transit Corp. (N.J. Super. Ct. App. Div. 2025). “He explained the "[southwest] crossing gate [arm] failed to operate in accordance with mandatory safety critical standards of care" in 49 CF.R. 234.223 and the Manual of Uniform Traffic Control Devices A-0849-23 8 (MUTCD) § 8C.”
Union Pac. R.R. Co.// Dan v. Legg, Jr. & Suzanne Legg, Individually, as the Surviving Parents of Ryan Dustin Legg, & as Indep. Administrators of the Est. of Ryan Dustin Legg v. Dan v. Legg, Jr. & Suzanne Legg, Individually, as the Surviving Parents of Ryan Dustin Legg, & as Indep. Administrators of the Est. of Ryan Dustin Legg// Cross-Appellee, Union Pac. R.R. Co. (Tex. App. 2009). “See 49 C.F.R. § 234.223 (2008). 2. Union Pacific does not challenge the factual sufficiency of the damages award.”
Union Pac. R.R. Co.// Dan v. Legg, Jr. & Suzanne Legg, Individually, as the Surviving Parents of Ryan Dustin Legg, & as Indep. Administrators of the Est. of Ryan Dustin Legg v. Dan v. Legg, Jr. & Suzanne Legg, Individually, as the Surviving Parents of Ryan Dustin Legg, & as Indep. Administrators of the Est. of Ryan Dustin Legg// Cross-Appellee, Union Pac. R.R. Co. (Tex. App. 2009). “See 49 C.F.R. § 234.223 (2008). 4 when he struck the crossing gate, but only two miles per hour when the train, traveling 49 miles per hour, struck the front passenger side of the truck.”
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