Section 42-4-708 - Moving heavy equipment at railroad grade crossing(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 ten or less miles per hour or a vertical body or load clearance of less than nine inches 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 superintendent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.(3) Before making a crossing described in subsection (1) of this section, the person operating or moving the vehicle or equipment:(a) Shall first stop the vehicle or equipment not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad;(b) While stopped, shall listen and look in both directions along the track for any approaching train, for on-track equipment, or for signals indicating the approach of a train or on-track equipment; and(c) Shall not proceed until the crossing can be made safely.(4) Before making a crossing described in subsection (1) of this section, the person moving or operating the vehicle or equipment shall ensure that no warning is being given, whether by automatic signal or crossing gates or a flagperson or otherwise, of the immediate approach of a railroad train or on-track equipment.(5) Subsection (3) of this section does not apply at any railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains or on-track equipment are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend "exempt", which sign constitutes legally sufficient notice that the crossing is exempt from the stopping requirement in this section.(6) Any person who violates any provision of this section commits a class B traffic infraction.Amended by 2021 Ch. 218, § 3, eff. 9/7/2021.L. 94: Entire title amended with relocations, p. 2350, § 1, effective 1/1/1995. L. 2021: (3), (4), and (5) amended, (HB 21-1245), ch. 1152, p. 1152, § 3, effective September 7.(1) This section is similar to former § 42-4-609 as it existed prior to 1994.
(2) Section 5(2) of chapter 218 (HB 21-1245), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after September 7, 2021.
2021 Ch. 218, was passed without a safety clause. See Colo. Const. art. V, § 1(3).