Wisconsin Statutes
Wis. Stat. § 346.44 (2026)
All vehicles to stop at signal indicating approach of train
✓ current as of July 2026
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346.44(1)(1) The operator of a vehicle shall not drive on or across a railroad crossing under any of the following circumstances:
346.44(1)(b)(b) While any warning device signals to stop, except that if the operator of the vehicle after stopping and investigating finds that no railroad train or railroad track equipment is approaching the operator may proceed.
346.44(1)(c)(c) If any crossbuck sign specified under s. 192.29 (5) (a) is maintained at the crossing, while any railroad train or railroad track equipment occupies the crossing or approaches so closely to the crossing as to constitute a hazard of collision.
346.44(2)(2) The operator of a vehicle shall not drive 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.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1978–2022 · leading case: Scott Partenfelder v. Steve Rohde, 2014 WI 80 (Wis. 2014).
Scott Partenfelder v. Steve Rohde, 2014 WI 80 (Wis. 2014). “Thus, even times of high traffic do not normally constitute a specific, individual hazard because traffic laws provide protection for motorists and facilitate the safe operation of trains.16 Unfortunately, occasional accidents occur.”
Steeno v. State, 271 N.W.2d 396 (Wis. 1978). “In Steeno’s case, his status as a license revokee was revealed after being stopped for crashing through a railroad barricade in violation of sec. 346.44, Stats. He was stopped a second time later the same evening for suspicion of operating a motor vehicle while under the…”
Nutt v. Union Pac. R.R. Co., 927 N.W.2d 164 (Wis. Ct. App. 2019). “In its summary judgment analysis, the circuit court concluded Nutt was negligent as a matter of law based on his violation of Wis. Stat. § 346.45 (2).”
Rodewald, Gerald v. Wisconsin Cent. Ltd. (W.D. Wis. 2022). “Wis. Stat. § 346.44 (drivers have duty to look and listen for train before proceeding through a crossing).”
— Wis. Stat. § 346.44(1)(b) — 1 case
Nutt v. Union Pac. R.R. Co., 927 N.W.2d 164 (Wis. Ct. App. 2019). “In its summary judgment analysis, the circuit court concluded Nutt was negligent as a matter of law based on his violation of Wis. Stat. § 346.45 (2).”
— Wis. Stat. § 346.44(1)(c) — 1 case
Nutt v. Union Pac. R.R. Co., 927 N.W.2d 164 (Wis. Ct. App. 2019). “In its summary judgment analysis, the circuit court concluded Nutt was negligent as a matter of law based on his violation of Wis. Stat. § 346.45 (2).”
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