TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.

ARTICLE 7 NEGOTIATING RAILROAD CROSSINGS, ENTERING HIGHWAYS FROM PRIVATE DRIVEWAYS

40-6-140. Approaching and travel over railroad grade crossing.

As used in this Code section, the term "other on-track equipment" means any car, rolling stock, or other device that, alone or coupled to another device, is operated on stationary rails.
Whenever any person driving a vehicle approaches a railroad grade crossing, such driver shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall not proceed until he or she can do so safely, when:
1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train;
2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach of the passage of a train or other on-track equipment; or
3. An approaching train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.
No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
If no electric or mechanical signal device is giving warning of the immediate approach of a train or other on-track equipment, no crossing gate or barrier is closed, there is no stop sign at the crossing, and there is no human flagman giving warning, all drivers shall slow to a reasonable and prudent speed and verify that there is no approaching train or other on-track equipment prior to proceeding. For the purposes of this subsection, "a reasonable and prudent speed" means a speed slow enough to enable the driver to safely stop the vehicle prior to reaching the nearest rail of such crossing.
No person shall drive a vehicle over a railroad grade crossing when a train or other on-track equipment is approaching.
No person shall drive a vehicle over a railroad grade crossing if there is insufficient space to drive completely through the crossing without stopping.
No person shall drive a vehicle over a railroad grade crossing if there is insufficient undercarriage clearance for the vehicle to negotiate the crossing.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 83; Code 1933, § 68A-701, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2003, p. 484, § 9; Ga. L. 2018, p. 354, § 1/SB 409.)

The 2018 amendment, effective July 1, 2018, inserted "or other on-track equipment" throughout; added subsection (a); redesignated former subsection (a) as present subsection (b) and inserted "or she" near the end of the introductory paragraph; and redesignated former subsections (b) through (f) as present subsections (c) through (g), respectively.

JUDICIAL DECISIONS

Construction of provisions.

- Provisions of O.C.G.A. § 40-6-140 must be construed with provisions of Ga. L. 1953, Nov.-Dec. Sess., p. 556 (see now O.C.G.A. § 40-6-141). Central of Ga. R.R. v. Sellers, 129 Ga. App. 811, 201 S.E.2d 485 (1973).

Vehicle operator generally under no duty to stop and listen.

- Ga. L. 1953, Nov.-Dec. Sess., p. 556 certainly puts a duty on the operator of a motor vehicle to look, but it puts no duty on the operator to listen and no duty to stop, unless there is a signaling device or unless the train is "plainly visible." Atlantic Coast Line R.R. v. Hall Livestock Co., 116 Ga. App. 227, 156 S.E.2d 396 (1967).

Section's violation negligence per se.

- Ga. L. 1953, Nov.-Dec. Sess., p. 556 makes failure to use one's sense of sight and to stop under given circumstances the equivalent of negligence as a matter of law. Atlantic Coast Line R.R. v. Hall Livestock Co., 116 Ga. App. 227, 156 S.E.2d 396 (1967).

As a jury could have determined that an employee for a tractor company was negligent per se pursuant to O.C.G.A. § 40-6-140(f) (now (g)) for driving a tractor-trailer over a railroad crossing, whereupon the tractor trailer got stuck due to insufficient undercarriage clearance, the jury's subrogation award to an insurer whose insured suffered damages from the incident was supported by the evidence as was the award of litigation expenses under O.C.G.A. § 13-6-11; accordingly, it was proper to deny a motion by the insurer for the tractor company, against which the judgment was entered, for judgment notwithstanding the verdict. Universal Underwriters Group v. Southern Guar. Ins. Co., 297 Ga. App. 587, 677 S.E.2d 760 (2009).

Instructions to jury.

- Trial court did not err in refusing to charge the jury that O.C.G.A. § 40-6-140 "puts a duty on the operator of a motor vehicle to look, but it puts no duty on him to listen and no duty to stop unless there is a signaling device or unless the train is 'plainly visible'"; the requested charge, while appropriate in a civil action, was not adjusted to the facts of a criminal case. Decker v. State, 217 Ga. App. 803, 459 S.E.2d 586 (1995).

In a motorcycle-vehicle collision case, which occurred when a motorcycle crossed a railroad crossing and struck a car as the other driver was making a U-turn to avoid having to wait at the crossing for an oncoming train, the trial evidence supported the giving of jury charges on O.C.G.A. §§ 40-6-140 and40-6-180 because these sections addressed approaching railroad crossings. Young v. Griffin, 329 Ga. App. 413, 765 S.E.2d 625 (2014).

Cited in Travelers Ins. Co. v. Gaither, 148 Ga. App. 251, 251 S.E.2d 66 (1978); Terry v. Liberty Mut. Ins. Co., 152 Ga. App. 583, 263 S.E.2d 475 (1979).

RESEARCH REFERENCES

C.J.S.

- 74 C.J.S., Railroads, § 786 et seq.

ALR.

- Traveler's ignorance of existence of railroad crossing as affecting liability for injury, 40 A.L.R. 1309.

Duty of automobilist to shut off motor at railroad crossing, 54 A.L.R. 542.

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