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Railroad-highway grade crossing offenses
  • The holder of a CDL or a CLP is disqualified from driving a CMV if convicted of violating a federal, state, or local law or regulation relating to one of six specific railroad-highway grade crossing offenses.
  • The disqualification period for a conviction for violating railroad-highway grade crossing offenses is at least 60 days for the first violation, at least 120 days for a second violation within a 3- year period, and at least one year for a third or subsequent violation during a 3-year period.

The holder of a commercial driver’s license (CDL) or commercial learner’s permit (CLP) is disqualified from driving a commercial motor vehicle (CMV) if convicted of operating a CMV in violation of a federal, state, or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:

  • Failing to slow down (if the driver is not required to stop at all times) and checking that the tracks are clear of an approaching train;
  • Failing to stop (if the driver is not required to stop at all times) before reaching the crossing if the tracks are not clear;
  • Failing to stop (if the driver is required to stop at all times) before driving onto the crossing;
  • Failing to have sufficient space to drive completely through the crossing without stopping;
  • Failing to obey a traffic control device or the directions of an enforcement officer at the crossing; or
  • Failing to negotiate a crossing because of insufficient undercarriage clearance.

Disqualification period

The disqualification period is as follows:

Disqualification period for railroad-highway grade crossing offenses
First violationAt least 60 days
Second violation during a 3-year periodAt least 120 days
Third or subsequent violation during a 3-year periodAt least 1 year