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Florida Statute 316.170 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.170
316.170 Moving heavy equipment at railroad grade crossings.
(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller, or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(2) Notice of any such intended crossing shall be given to a station agent or other proper authority of the railroad, and a reasonable time shall be given to the railroad to provide proper protection at the crossing.
(3) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 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, and shall not proceed until the crossing can be made safely.
(4) No such crossing shall be made when warning is being given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is provided by the railroad, movement over the crossing shall be under his or her direction.
(5) 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. 76-31; s. 312, ch. 95-148; s. 134, ch. 99-248.
Note.Former s. 316.055.

F.S. 316.170 on Google Scholar

F.S. 316.170 on Casetext

Amendments to 316.170


Arrestable Offenses / Crimes under Fla. Stat. 316.170
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.170.


Civil Citations / Citable Offenses under S316.170
R or S next to points is Mandatory Revocation or Suspension

S316.170 R/R - Improper moving of heavy equipment at - Points on Drivers License: 3
S316.170 (1) Move heavy equipment over R/R Violation - Points on Drivers License: 3
S316.170 (2) Move heavy equipment over R/R without notice - Points on Drivers License: 3
S316.170 (3) Heavy equipment (No stop R/R before crossing) - Points on Drivers License: 3
S316.170 (4) Heavy equipment cross R/R after warned - Points on Drivers License: 3


Annotations, Discussions, Cases:

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