CHAPTER 164

An Act to amend and reenact §§ 46-254, 56-408 and 56-414, as amended, of
the Code of Virginia, to amend said Code by adding sections num-
bered 46-254.1 and 46-254.2, and to repeal § 56-407 as amended, thereof,
relating to the duties of vehicular traffic and railroads at and when
approaching grade crossings outside of cities and towns. H

[H 1]

Approved February 28, 1956

Be it enacted by the General Assembly of Virginia:
1. That §§ 46-254, 56-408 and 56-414, as amended, of the Code of
Virginia be amended and reenacted, and that said Code be amended by
adding thereto sections numbered 46-254.1 and 46-254.2 as follows:
§ 46-254. * * * (a) Except in incorporated cities or towns, when-
ever any person driving a vehicle approaches a railroad grade crossing
under any of the circumstances stated in this section, the driver of such
vehicle shall stop within fifty feet but not less than fifteen feet from the
nearest rail of such railroad, and shall not proceed until he can do so safely.
The foregoing requirements shall apply when:

, (1) Aclearly visible electric or mechanical signal device gives warn-
ing of the immediate approach of a railroad train.

(2) A crossing gate is lowered or a human flagman gives or continues
to give a signal of the approach or passage of a railroud train.

(8) A railroad train approaching such crossing gives the signals
required by § 56-414 hereof.

(4) An approaching railroad train is plainly visible and is in hazard-
ous proximity to such crossing.

(b) 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.

§ 46-254.1. (a) Except in incorporated cities or towns, the driver
of any motor vehicle carrying passengers for hire, or of any school bus
carrying any school child, or of any vehicle carrying explosive substances
or flammable liquids as a cargo or part of a cargo, before crossing at grade
any track or tracks of a railroad, shall stop such vehicle within fifty. feet
but not less than fifteen feet from the nearest rail of such railroad and while
so stopped shall listen and look in both directions along such track for any
approaching train, and for signals indicating the approach of a train, except
as hereinafter provided, and shall not proceed until he can do so safely.
After stopping as required herein and upon proceeding when it is safe to do
so the driver of any said vehicle shall cross only in such gear of the vehicle
that there will be no necessity for changing gears while traversing such
ries sng and the driver shall not shift gears while crossing the track or
tracks.

(b) No stop need be made at any such crossing where a police officer
or a traffic-control signal directs traffic to proceed.

§ 46-254.2. (a) Except in incorporated cities or towns, no person
shall operate or move any crawler-type tractor, steam shovel, derrick,
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 one-half inch per foot of the distance between any two adjacent
axles or in any event of less than nine inches, measured above the level
surface of a roadway, upon or across any tracks at a railroad grade
crossing without first complying with this section.

(b) Notice of any such intended crossing shall be given to a station
agent of such railroad and a reasonable time be given to such railroad
to provide proper protection at such crossing.

(c) Before making any such crossing the person operating or moving
any such vehicle or equipment shall first stop the same not less than fifteen
feet nor more than fifty feet from the nearest rail of such railroad and
while so stopped shall listen and look in both directions along such track
for any approaching train and for signals indicating the approach of a
train, and shall not proceed until the crossing can be made safely.

(ad) No such crossing shall be made when warning is given by auto-
matic signal or crossing gates or a flagman or otherwise of the immediate
approach of a railroad train or car. If a flagman is provided by the
railroad, movement over the crossing shall be under his direction.

§ 56-408. No device or sign which is in the form of a railway crossing
sign board shall be erected or permitted to remain on or near any of the
public roads of this State, except as required by § 56-406 *.
CHS. 164, 165, 166] ACTS OF ASSEMBLY 167

Any person who shall erect such a device or sign, as aforesaid, and
every sign owner who shall permit such a device or sign to remain on or
near the public roads of this State, and every landowner or tenant in
possession who shall knowingly permit such a sign to remain on his land
in view of any public road, shall be guilty of a misdemeanor, and upon
eerecsiot shall be fined not less than five nor more than one hundred

ollars.

§ 56-414. Every railroad company shall provide each locomotive or
diesel engine passing upon its road with a bell of ordinary size and steam
whistle, or horn, and such whistle or horn shall be sharply sounded outside
of incorporated cities and towns at least twice at a distance of not less
than three hundred yards nor more than six hundred yards from the
place where the railroad crosses upon the same level any public highway or
crossing, and such bell shall be rung or whistle or horn sounded con-
tinuously or alternately until the engine has reached such highway cross-
ing, and shall give such signals in cities and towns as the legislative
authorities thereof may require.

2. That § 56-407, as amended, of the Code of Virginia be, and the same
is repealed.