Florida Statute 316.159 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.159

316.159 Certain vehicles to stop or slow at all railroad grade crossings.—

(1) The driver of any motor vehicle carrying passengers for hire, excluding taxicabs, of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and, while so stopped, shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he or she can do so safely. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a gear of the vehicle so that there will be no necessity for changing gears while traversing the crossing, and the driver shall not shift gears while crossing the track or tracks.

(2) No stop need be made at any such crossing where a police officer, a traffic control signal, or a sign directs traffic to proceed. However, any school bus carrying any school child shall be required to stop unless directed to proceed by a police officer.

(3) The driver of any commercial motor vehicle that is not required to stop under subsection (1) or subsection (2) shall slow the motor vehicle before crossing the tracks of any railroad grade crossing and check that the tracks are clear of an approaching train.

(4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 1, ch. 78-52; s. 311, ch. 95-148; s. 133, ch. 99-248; s. 4, ch. 2010-223.

F.S. 316.159 on Google Scholar

F.S. 316.159 on Casetext

Amendments to 316.159

Arrestable Offenses / Crimes under Fla. Stat. 316.159

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.159.

Civil Citations / Citable Offenses under S316.159

R or S next to points is Mandatory Revocation or Suspension

S316.159 R/R CROSSING - Failed to stop at (ONLY APPLIED TO SCHOOL BUSES/COMMERCIAL PASSENGER CARRIERS/FLAMMABLE OR EXPLOSIVE CARRYING VEHICLES; EXCEPT TAXI) - Points on Drivers License: 3

S316.159 (1) No stop/shift at R/R Crossing - Points on Drivers License: 3

S316.159 (2) School Bus Fail Stop R/R Crossing - Points on Drivers License: 3

S316.159 (3) CMV fail to slow before RR tracks - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.159

Total Results: 3

St. Louis-San Francisco Ry. Co. v. White

Court: District Court of Appeal of Florida | Date Filed: 1979-04-19

Citation: 369 So. 2d 1007

Snippet: falling within the purview of ss. 316.158 and 316.159 shall place and maintain a suitable signboard on

State v. Lee

Court: Supreme Court of Florida | Date Filed: 1978-02-23

Citation: 356 So. 2d 276

Snippet: 316.153, 316.154, 316.155, 316.157, 316.158, 316.159, 316.162, 316.181, 316.182, 316.183, 316.184, 316

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-07-13

Snippet: 316.153, 316.154, 316.155, 316.157, 316.158, 316.159, 316.162, 316.181, 316.182, 316.183, 316.184, 316