Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 316.170 - Full Text and Legal Analysis Florida Statute 316.170 | Lawyer Caselaw & Research
Fla. Stat. § 316.170 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Civil Citations under F.S. 316.170

Driver's license points · R = revocation · S = suspension
§316.170R/R - Improper moving of heavy equipment at3 pts
§316.170(1)Move heavy equipment over R/R Violation3 pts
§316.170(2)Move heavy equipment over R/R without notice3 pts
§316.170(3)Heavy equipment (No stop R/R before crossing)3 pts
§316.170(4)Heavy equipment cross R/R after warned3 pts

Cases Citing F.S. 316.170

Copy

·Nat'l R.R. Passenger Corp. v. Rountree Transp. & Rigging, Inc., 286 F.3d 1233 (11th Cir. 2002).

Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 4956, 2002 WL 459731

...inherent dangerousness involved. The court noted that Florida strictly regulates the transportation of oversized items like the turbine, see Florida Statute § 316.550, and that state law specifically addresses the moving of heavy equipment across railroad crossings. See § 316.170....
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (2022)
phrase: "rule_authority"

This Florida statute resource is curated by an Orange Park personal injury and workers' comp lawyer, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.