Florida Statute 351.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 351
RAILROADS

View Entire Chapter

F.S. 351.03

351.03 Railroad-highway grade-crossing warning signs and signals; audible warnings; exercise of reasonable care; blocking highways, roads, and streets during darkness.—

(1) Every railroad company shall exercise reasonable care for the safety of motorists whenever its track crosses a highway and shall be responsible for erecting and maintaining crossbuck grade-crossing warning signs in accordance with the uniform system of traffic control devices adopted pursuant to s. 316.0745. Such crossbuck signs shall be erected and maintained at all public or private railroad-highway grade crossings.

(2) Advance railroad warning signs and pavement markings shall be installed and maintained at public railroad-highway grade crossings in accordance with the uniform system of traffic control devices by the governmental entity having jurisdiction over or maintenance responsibility for the highway or street. All persons approaching a railroad-highway grade crossing shall exercise reasonable care for their own safety and for the safety of railroad train crews as well as for the safety of train or vehicle passengers.

(3) Except as provided in subsection (4), any railroad train approaching within 1,500 feet of a public railroad-highway grade crossing shall emit a signal audible for such distance.

(4)(a) The Department of Transportation and the Federal Railroad Administration may authorize a municipality or county to implement a whistle ban provided the following conditions are met:

1. A traffic operations system is implemented to secure railroad-highway grade crossings for the purpose of preventing vehicles from going around, under, or through lowered railroad gates.

2. The municipality or county has in effect an ordinance that unconditionally prohibits the sounding of railroad train horns and whistles during the hours of 10 p.m. and 6 a.m. at all public railroad-highway grade crossings within the municipality or county and where the municipality, county, or state has erected signs at the crossing announcing that railroad train horns and whistles may not be sounded during such hours. Signs so erected shall be in conformance with the uniform system of traffic control devices as specified in s. 316.0745.

(b) Upon final approval and verification by the department and the Federal Railroad Administration that such traffic operations system meets all state and federal safety and traffic regulations and that such railroad-highway grade crossings can be secured, the municipality or county may pass an ordinance prohibiting the sounding of audible warning devices by trains upon approaching such railroad-highway grade crossings between the hours of 10 p.m. and 6 a.m.

(5)(a) Whenever a railroad train engages in a switching operation or stops so as to block a public highway, street, or road at any time from one-half hour after sunset to one-half hour before sunrise, the crew of the railroad train shall cause to be placed a lighted fusee or other visual warning device in both directions from the railroad train upon or at the edge of the pavement of the highway, street, or road to warn approaching motorists of the railroad train blocking the highway, street, or road. However, this subsection does not apply to railroad-highway grade crossings at which there are automatic warning devices properly functioning or at which there is adequate lighting.

(b) A person who violates any provision of paragraph (a) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 34, ch. 1987, 1874; RS 2264; GS 2841; ch. 7940, 1919; RGS 4529; CGL 6592; s. 1, ch. 73-336; s. 52, ch. 76-31; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 1, 12, 14, ch. 82-90; s. 1, ch. 84-73; s. 39, ch. 86-243; ss. 2, 5, 6, ch. 92-192; s. 143, ch. 99-13.

F.S. 351.03 on Google Scholar

F.S. 351.03 on Casetext

Amendments to 351.03

Arrestable Offenses / Crimes under Fla. Stat. 351.03

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

S351.03 - NONMOVING TRAFFIC VIOL - FAIL GIVE VISUAL/WHISTLE TRAIN WARNING - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 351.03

Total Results: 20

Bifulco v. Patient Business & Financial Services, Inc.

Court: Fla. | Date Filed: 2010-06-24T00:00:00-07:00

Citation: 39 So. 3d 1255

Snippet: sovereign immunity set forth in s. 768.28."); § 351.03(4)(c), Fla. Stat. (2004) ("Nothing in this

RLI Ins. Co. v. Collado

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-14T00:53:00-07:00

Citation: 678 So. 2d 1313

Snippet: insurance risk apportionment plans under s. 627.351. (3) This section does not apply to the placing of

Seaboard Coast Line Railroad v. Louallen

Court: Fla. Dist. Ct. App. | Date Filed: 1985-11-15T00:00:00-08:00

Citation: 479 So. 2d 781

Snippet: and warnings other than that mandated by section 351.03, Florida Statutes (1979), without such additional…to the crossbucks and signs required by section 351.03. The evidence also showed that the Department of…statutory requirements of sections 316.171 and 351.-03. We conclude, therefore, that under the circumstances

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-06-14T00:53:00-07:00

Snippet: by s 351.03(3), F.S. (1984 Supp.), this office can make the following observations. Section 351.03(3)(a…substantially the following question: DOES s 351.03(3), F.S. (1984 SUPP.), AUTHORIZE A NONCHARTER COUNTY…areas to fall within the meaning and intent of s 351.03(3), F.S. (1984 Supp.). The railroad has agreed …devices as specified in s. 316.0745. (e.s.) Cf., s 351.03(2), F.S. (1984 Supp.), providing that, "[e…statute). Accordingly, I am unable to conclude that s 351.03(3), F.S. (1984 Supp.), operates to authorize a

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-06-04T00:53:00-07:00

Snippet: authorized by Ch. 84-73, Laws of Florida, codified as s 351.03(3), F.S. (1984 Supp.). You wish to know in light… the proposed ordinance. Subsection (3)(a) of s 351.03, F.S. (1984 Supp.), provides: No railroad …specified in s. 316.0745. See also, subsection (2) of s 351.03, F.S. (1984 Supp.), which provides that "[…ordinance pursuant to the authority contained in s 351.03(3), F.S. (1984 Supp.), would not subject the municipality…legislative function adopting an ordinance pursuant to s 351.03(3), F.S. (1984 Supp.), incurs no additional liability

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-03-11T23:53:00-08:00

Snippet: substantially the following question: DOES SECTION 351.03(3)(a), F.S. (1984 Supp.), AUTHORIZE THE DEPARTMENT…or county enacts an ordinance as described in s 351.03(3)(a), F.S. (1984 Supp.), which is applicable to…as Ch. 84-73, Laws of Florida, and codified as s 351.03, F.S. [1984 Supp.] and communications with your…obtaining written approval from the department. Section 351.03(3)(a), F.S. (1984 Supp.), states that: No …devices as specified in s. 316.0745. (e.s.) Cf., s 351.03(2), F.S. (1984 Supp.), providing that "[e]

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

Court: Fla. Dist. Ct. App. | Date Filed: 1979-04-18T23:53:00-08:00

Citation: 369 So. 2d 1007

Snippet: court's instruction that a violation of Section 351.03 constituted negligence was error; 3) that the court…jury found that the Railroad had violated Section 351.03, Florida Statutes (requirement to place crossbucks…railroad-highway intersection. We hold that Section 351.03, Florida Statutes, was enacted to protect the motoring…instruct that a violation of the statute (Section 351.03) is negligence per se. We have also held that violation…trial court read the following portion of Section 351.03, Florida Statutes: "Every railroad company

Seaboard Coast Line R. Co. v. Griffis

Court: Fla. Dist. Ct. App. | Date Filed: 1979-02-08T23:53:00-08:00

Citation: 381 So. 2d 1063

Snippet: complied with its obligations under the law, Section 351.03, Florida Statutes (1977), and nothing more was

Tynan v. Seaboard Coast Line Railroad

Court: Fla. | Date Filed: 1971-10-27T00:00:00-07:00

Citation: 254 So. 2d 209

Snippet: urban area by the railroad pursuant to F.S. Section 351.03, F. S.A. Since there was testimony the plaintiff

McNulty v. Atlantic Coast Line Railroad

Court: Fla. | Date Filed: 1967-06-07T00:00:00-07:00

Citation: 199 So. 2d 706, 1967 Fla. LEXIS 3923

Snippet: crossbuck signs required by Florida Statutes § 351.03, F.S.A. was visible 400 feet from the crossing,…the usual crossbucks prescribed by F.S. Section 351.03, F.S.A., or the signboard required by Section 320.46

McNulty v. Atlantic Coast Line Railroad

Court: Fla. Dist. Ct. App. | Date Filed: 1966-10-21T00:00:00-07:00

Citation: 198 So. 2d 876

Snippet: crossbuck signs required by Florida Statutes § 351.03, F.S.A. was visible 400 feet from the crossing,

Jones v. Atlantic Coast Line Railroad

Court: Fla. Dist. Ct. App. | Date Filed: 1960-01-06T00:00:00-08:00

Citation: 117 So. 2d 234

Snippet: divulged by the record unless Florida Statutes, § 351.03, F.S.A., which provides that a train shall not …street, to-wit: DeSoto Avenue, and thus section 351.03, F.S.A., was applicable. The lower court rejected…to the speed restrictions of Florida Statutes, § 351.03, F.S.A., which provides in part: “ * * * and their…proffered ordinance nor the quoted part of Section 351.03 were material or applicable and therefore the lower…the following charge: “I charge you that Section 351.03 of Florida Statutes, in effect when this accident

Loftin v. McGregor

Court: Fla. | Date Filed: 1943-02-19T00:00:00-07:00

Citation: 14 So. 2d 574, 152 Fla. 813, 1943 Fla. LEXIS 1037

Snippet: protected by the statutory cross arm signal (Section 351.03, Florida Statutes, 1941) which carries the legend

Butler v. Maney

Court: Fla. | Date Filed: 1941-02-04T00:00:00-08:00

Citation: 200 So. 226, 146 Fla. 33

Snippet: the Law of Negligence (6th Ed.) Vol. 1., pages 351-3, par. 144. The different counts of the declaration

Boykin v. State

Court: Fla. | Date Filed: 1898-06-14T23:53:00-08:00

Citation: 40 Fla. 484

Snippet: L.) 1; Campbell v. Woodstock Iron Co., 83 Ala. 351, 3 South. Rep. 369. A State witness testified that

Sanchez's Administrator v. Hart

Court: Fla. | Date Filed: 1880-01-15T00:00:02-07:52:58

Citation: 17 Fla. 507

Snippet: plaintiff should have an absolute fee. (Ala. Rep., 351; 3 Stewart and Porter, 197.) His right to recover,

Robinson v. Matthews

Court: Fla. | Date Filed: 1878-01-15T00:00:02-07:52:58

Citation: 16 Fla. 319

Snippet: which is provided for in the statute, Thomp. Dig., 351, §3,) is authorized to attest a bill of exceptions;

Sedgwick v. Dawkins

Court: Fla. | Date Filed: 1877-06-15T00:00:02-07:52:58

Citation: 16 Fla. 198

Snippet: , 100; 3 Cowen, 44; 4 M. & S., 94; 1 Pick., 351; 3 John., 526; 4 Cowen, 71. Neither this court nor

Bemis v. McKenzie

Court: Fla. | Date Filed: 1869-07-01T00:00:02-07:52:58

Citation: 13 Fla. 553

Snippet: . 67; 25 Me., 409 ; 3 Wend., 75; 8 S. & E., 351; 3 Bailey, (S. C.) 457; 2 Conn., 419 ; 18 Pick., 260

Johnston v. Eichelberger

Court: Fla. | Date Filed: 1869-07-01T00:00:02-07:52:58

Citation: 13 Fla. 230

Snippet: , 425 ; 1 Sand., 297; % Wend., 406 ; 15 Johns., 351; 3 Wend., 112; 3 Cowen, 84 ; 6 Cow., 101 ; 13 Mass