49 C.F.R. § 392.10

Railroad grade crossings; stopping required

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(a) Except as provided in paragraph (b) of this section, the driver of a commercial motor vehicle specified in paragraphs (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 through 180 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 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.

(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 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.

(Sec. 12, 80 Stat. 931; 49 U.S.C. 1651 note; 49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60) [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]

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1991–2026 · leading case: Payne v. Cornhusker Motor Lines, Inc., 177 S.W.3d 820 (Mo. Ct. App. 2005).

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Payne v. Cornhusker Motor Lines, Inc., 177 S.W.3d 820 (Mo. Ct. App. 2005). · cites it 2× “49 C.F.R. Section 392.10 (2005). The regulation states that drivers should look and listen in each direction for an approaching train to ascertain that no train is approaching.”

Dietz v. Atchison, Topeka & Santa Fe Ry. Co., 823 P.2d 810 (Kan. Ct. App. 1991). · cites it 2× “10 (a) (1990), which states in relevant part: “Except as provided in paragraph (b) of this section, the driver of a motor vehicle specified in paragraphs (a)(1) through (6) of this section shall not cross a railroad track or tracks at grade unless he first: Stops the vehicle…”

Illinois Cent. R.R. v. Cryogenic Transp., Inc., 901 F. Supp. 2d 790 (S.D. Miss. 2012). · cites it 4× “Analysis: Negligence Per Se and Proximate Cause Federal Motor Carrier regulation, Title 49 C.F.R. § 392.10 (a), 14 mandates that commercial truck drivers hauling hazardous material must stop before all railroad crossings.”

Otten v. BNSF Ry. Co. (10th Cir. 2023). · cites it 25× “Otten violated 49 C.F.R. § 392.10 (a)’s requirement that a truck stop, look, and listen before crossing a rail track and that this violation was (1) negligence per se and (2) the proximate cause of the accident.”

Thomas v. City of Michigan City, 672 F. App'x 587 (7th Cir. 2016). “About three weeks before the incident, a memorandum from the Michigan City transit director had informed all bus drivers that a federal (Department of Transportation) regulation, 49 C.F.R. § 392.10 (a), mandates that commercial drivers stop at all railroad crossings.”

Thomas v. City of Michigan City, 151 F. Supp. 3d 869 (N.D. Ind. 2015). “,§ 9-21-8-39 and 49 C.F.R. § 392.10 (a), respectively — require that a driver of a commercial vehicle come to a stop between fifty and fifteen feet before crossing a railroad track.”

Vincent Thomas v. City of Michigan City, Indian (7th Cir. 2016). “About three weeks before the incident, a memorandum from the Michigan City transit director had informed all bus drivers that a federal (Department of Transportation) regulation, 49 C.F.R. § 392.10 (a), mandates that commercial drivers stop at all railroad crossings.”

Downing (D. Kan. 2026). “22 The appellate court determined: A plain reading of 66–176, however, indicates the legislature clearly intended to create, on behalf of “any person or corporation” injured as a direct result of a common carrier’s violation of provisions of law regulating common carriers, an…”

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