This article is intended to help bus drivers who have been charged with not stopping at a railroad crossing understand where the law is and how to defend the charge. The law is contained in the Texas Transportation Code and can be found below. If you need assistance with defending a failure to stop at railroad crossing charge and would like to discuss your case with our Texas criminal defense and traffic ticket defense attorneys, feel free to call us at 214-321-4105.
Sec. 545.2535. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS.
(a) Except as provided by Subsection (c), the operator of a school bus, before crossing a track at a railroad grade crossing:
(1) shall stop the vehicle not closer than 15 feet or farther than 50 feet from the track;
(2) while stopped, shall listen and look in both directions along the track for an approaching train or other on-track equipment and signals indicating the approach of a train or other on-track equipment; and
(3) may not proceed until it is safe to do so.
(b) After stopping as required by Subsection (a), the operator may proceed in a gear that permits the vehicle to complete the crossing without a change of gears. The operator may not shift gears while crossing the track.
(c) An operator is not required to stop at:
(1) an abandoned railroad grade crossing that is marked with a sign reading “tracks out of service”; or
(2) an industrial or spur line railroad grade crossing that is marked with a sign reading “exempt.”
(d) A sign under Subsection (c) may be erected only by or with the consent of the appropriate state or local governmental official.