Section 15. Except as hereinafter otherwise provided, every person operating a motor vehicle, upon approaching a railroad crossing at grade, shall reduce the speed of the vehicle to a reasonable and proper rate before proceeding over the crossing, and shall proceed over the crossing at a rate of speed and with such care as is reasonable and proper under the circumstances. Every person operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo, or part of a cargo, upon approaching a railroad crossing at grade, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad, and shall not proceed to cross until it is safe to do so. The operator of a school bus, in addition to bringing his vehicle to a full stop, as aforesaid, shall open the service door, ascertain if he may cross safely and thereupon close said door before proceeding. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by red lights which flash as a warning, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said lights stop flashing. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by a lowered automatic gate, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said automatic gate is raised. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by a railroad employee waving a red flag or white lantern, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said railroad employee signals that it is safe to do so. A railroad train approaching within approximately one thousand five hundred feet of a highway crossing shall emit a warning signal audible from such distance. Whoever violates any provisions of this section and is operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall be punished by a fine of not less than $500 or by being required to perform a total of 100 hours of community service which may include service in the operation lifesaver program. All other persons violating the provisions of this section not operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall be punished by a fine of not less than $100 nor more than $200 or by being required to perform a total of 50 hours of community service which may include service in the operation lifesaver program.
Notes of Decisions
Cited in
18
cases, 1930–2005 · leading case:
Jones v. New York, 175 N.E. 487 (Mass. 1931).
Jones v. New York, 175 N.E. 487 (Mass. 1931).
· cites it 2× “This request is based on G. L. c. 90, § 15, whereby it is required that one “operating a motor vehicle, upon approaching a railroad crossing at grade, shall reduce the speed of the vehicle to a reasonable and proper rate, and shall proceed cautiously over the crossing,” with…”
Borden v. New York, 158 N.E.2d 464 (Mass. 1959).
· cites it 3× “” The defendant, for the purposes of § 232 (but not for the common law counts), admits the significance of the evidence of neglect to give the signal, and contends that the defendant nevertheless is not liable because the plaintiffs were acting in violation of law, that is, in…”
Betty Corp. v. Commonwealth, 237 N.E.2d 26 (Mass. 1968).
· cites it 2× “The respondents contend, in effect, that the use made by Betty of its old loading platform (at point [4] on the plan) was illegal, unreasonable, and in violation of statutes (see G. L. c. 90, § 15, as amended through St.”
Anthony v. Boston & Maine R.R., 177 N.E. 564 (Mass. 1931).
· cites it 2× “The testimony of this plaintiff plainly shows that as he approached the railroad crossing he did so in violation of G. L. c. 90, § 15, whereby it is required that "Every person operating a motor vehicle, upon approaching a railroad crossing at grade, shall reduce the speed of…”
Fortune v. New York, 170 N.E. 923 (Mass. 1930).
“160, § 232, in that he was violating G. L. c. 90, § 15, whereby it is required that anyone “operating a motor vehicle, upon approaching a railroad crossing at grade, shall reduce the speed of the vehicle to a reasonable and proper rate, and shall proceed cautiously over the…”
Boyd v. Nat'l R.R. Passenger Corp., 821 N.E.2d 95 (Mass. App. Ct. 2005).
“Thus, the plaintiff could not recover under § 232. Accordingly, the defendants were entitled to judgment on the plaintiff’s wrongful death claims against Amtrak and the MBTA alleging statutory violations.”
Badoloto v. New York, 155 N.E.2d 770 (Mass. 1959).
“It is provided by G. L. c. 90, § 15, as appearing in St. 1951, c.”
Pearson's Case, 170 N.E.2d 917 (Mass. 1960).
· cites it 2× “The deceased’s conduct in operating the truck at between seven and ten miles an hour would at worst have been negligent even if in violation of G. L. c. 90, § 15 (as amended through St.”
Nickerson v. Boston & Maine R.R., 173 N.E.2d 248 (Mass. 1961).
“it would be necessary for the railroad to prove that she was guilty of wilful negligence *315 or was acting in violation of the law and that such gross or wilful negligence or unlawful act contributed to the injury.”
Klegerman v. New York, 195 N.E. 341 (Mass. 1935).
“The trial judge added to his order this: “Violation of G. L. c. 90, § 15, is a defence and burden of proof on plaintiff as to the common law count as well as the statutory count.”
Gaboriault v. New York, 289 Mass. 36 (1935).
“The burden of proof of compliance with G. L. c. 90, § 15, was upon the plaintiff.”
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treatment. Dots show Syfertize treatment of the citing case itself.