RailRoad Crossing Ticket

Topic: RailRoad Crossing Ticket (Read 1863 times) previous topic - next topic

RailRoad Crossing Ticket

April 28, 2007, 03:39:10 AM

Well I was in blair, ne I live in Missouri Valley, IA. I'm coming up to a railroad crossing the lights just came on right when i pulled up. The gates didn't go down I went through it a cop was sitting about a block away and saw it and pulled me over and wrote me a ticket. Ok Here's what i'm wondering how many points is this and is it going to effect my insurance? Should I fight this since the gates didn't go down?? Need advise I have till 6/13/07 until I have to go to court.

RailRoad Crossing Ticket

Reply #1 – April 28, 2007, 05:55:06 AM

Quote

how many points is this

http://www.in.gov/bmv/driverlicense/drlicensefaq.htm#16

Probably:
[COLOR="Red"]Disregard stop/yield sign.............6-point violation[/COLOR]
Could be more (or less) depending on the actual ticket.

Quote

Should I fight this since the gates didn't go down??

Flashing lights and ear-splitting bells aren't enough?

Some folks argue that it's okay to go around the gates even when they're down, as long as the train is still way down the track, and is going slow. :screwy:

RailRoad Crossing Ticket

Reply #2 – April 28, 2007, 07:39:15 AM

in the united states,,,,,,,,,,,,,,,,

Solid red means "STOP"

flashing red means "STOP" and then proceed with caution

flashing yellow means "proceed" with caution.

Perhaps you cold argue that but the drivers manual will be specific. Im like you though, i would actualy have to think for a moment if i am allowed to proceed if the gate is not down.

just FYI,, according to this law which is nearly a mirrior of all state laws,,http://stc.utk.edu/html/tntsr/htm/Laws/rr145.htm
YOU did not break any rules. You saw flashing lights and i suspect you could not have stopped. You proceeded with caution when you found it was safe to do so. Notice how this Tenn law does not mention you must not pass until the train has passed.

This situation is not common sense,, the going around of a gate is stupid as we all know. I personally think that if a switch is actuated by the train its previous 1/3 mile of said intersection , then both the lights should be solid and the gate should not have such a delay.

I've seen gates that take longer than 10-15 seconds to come down. Good luck!
If i remember correctly, i think the lights flash alternatly for a brief time
then,, the lights go solid and the gate comes down.

If this is the case,, what traffic purpose would but built into the flashing portion of the signal.
A friend of mine just graduated the CSX conductor program,, ill ask him.

what section / article / state law violation did the officer refer you to on the actual ticket.

IF you knew you had time to stop and did not,,,,, then shame on you ,, pay the ticket.

RailRoad Crossing Ticket

Reply #3 – April 28, 2007, 08:41:50 AM

Go talk to the judge,ask him to put you on probation because you really want to keep a clean record.A lot of judges will do this.Then,if you recieve another ticket during probation (3 months here),then you'll get the points taken,and you blew it.Stay nice for 3 months,it all disappears.It doesn't hurt to try,and you have nothing to lose.The last time I was busted for speeding,I did the same process,and what the judge did was,cut the cost of the fine in half,gave me 3 months probabtion (just stay out of driving trouble),and have a nice day.After 3 months,all was good,nothing on my driving record,insurance knows nothing,life is good.

RailRoad Crossing Ticket

Reply #4 – April 28, 2007, 08:51:11 AM

Speaking of RR crossings... a wierd thing happened to me the other day. In a nearby town there's two different tracks running through. One set of single-track crossings and one set of double-track ones. The double track trains are usually moving pretty fast, but the single track ones are usually crawling. I came across the single tracks and the train was maybe 20 feet from the crossing... stopped, but running and the gates were up and the lights were off. As soon as I went through, though, the lights started blinking, gates came down and the train chugged through. It really made me wonder by what system the crossing gates are activated. A side note... north of that crossing there's a lights-only crossing, which I thought didn't exist anymore, but apperantly they do.

RailRoad Crossing Ticket

Reply #5 – April 28, 2007, 09:25:13 AM

Quote

A side note... north of that crossing there's a lights-only crossing(some have nothing at all), which I thought didn't exist anymore, but apperantly they do.

depends how far north. up here, they're all over the place. lights only, that is. lol. My buddy got hit by one, in a foggy evening, where he couldn't see the lights....the gates would have saved his truck, if they were there. Anyhow, I'd try the probation plea.

RailRoad Crossing Ticket

Reply #6 – April 28, 2007, 09:58:27 AM

Around here there are not only "Lights only" crossings, there are "No Signal" crossings as well. No signal crossings mean that there are no lights, no bells, no warnings whatsoever except a sign that tells you to watch out for trains. There is not even a stop sign - people just drive across the tracks at full speed. Matter of fact I have to drive through one of those crossings today. The caveat of these no signal crossings is that the train must travel very, very slow, and blow the hell out of the whistle.

RailRoad Crossing Ticket

Reply #7 – April 28, 2007, 10:06:39 AM

that was kind of stupid for you to cross the tracks with the lights flashing, but I cant really say anything.

Right now I have a lawyer fighting a speeding ticket for me. 133kms/h in an 80km/h zone. The kicker is this. I wasn't just speeding I was in the process of passing a semi, with oncoming traffic about a mile down the road. So I pulled out to pass a transport, and when I got broad side of him I seen another car in front of him with no room for me to get between them. So I dropped it into fourth and stood on it, well the on coming car was a cop, and a Niagra Regonal at that, (which are pen 15s to begin with) So I will probably be losing my liscence for a bit.

RailRoad Crossing Ticket

Reply #8 – April 28, 2007, 12:38:34 PM

Umm, I am almost positive we don't have "points" here in Iowa. I'm sure if we did, I'd probably be negative.

RailRoad Crossing Ticket

Reply #9 – April 28, 2007, 12:48:29 PM

Actually you begin at 0, and aquire points from there. You dont lose them.

RailRoad Crossing Ticket

Reply #10 – April 28, 2007, 01:02:32 PM

Understanding the DMV Point System
The Iowa DMV point system was developed to penalize drivers who have committed serious offenses, and to remove the most dangerous drivers from the road for the protection of others. Points are added to your driving record as follows:

* Making a false statement to the Department of Public Safety: 2 points

* Driving while your license has been suspended, denied, or revoked: 2 points

* Driving after your license has been revoked for an alcohol- or drug-related offense: 3 points

* Driving while barred: 4 points

* Driving while under the influence of alcohol and/or drugs: 4 points

* Committing an offense punishable as a felony under motor vehicle laws or involvement in any felony in which a motor vehicle was used: 5 points

* Leaving the scene or failing to offer help at an accident site: 5 points

* Eluding or attempting to elude a law enforcement officer: 5 points

* Causing serious injury with the operation of your vehicle: 5 points

* Manslaughter resulting from the operation of your vehicle: 6 points

Based on the number of points you acspoogeulate in a six-year period, your license will be barred for the following number of years:

* 6 to 7 points: 2 years

* 8 to 9 points: 3 years

* 10 to 12 points: 4 years

* 13 to 15 points: 5 years

* 16 or more points: 6 years

Being barred as a habitual offender is very serious. If you are stopped while driving after your license has been barred, you may be imprisoned for up to two years.

I stand corrected, twice.

RailRoad Crossing Ticket

Reply #11 – April 28, 2007, 01:22:00 PM

On my way to work every night, I have 3 sets of tracks I have to deal with. Most nights it's a clear shot. Other nights I wish I had a helicopter to get to work by. They all lead to a switching yard about a mile from my work. One set of the tracks I have to cross doesn't have any lights or arms but they go into a tanker facility. Another set on the main road to my work has 2 tracks. The Engine loves to park about 15 - 20 feet off the road with the lights on dim and set there for hours. The lights are off and the arms are up, but it's very unnerving to come up to the tracks with nothing lite up and seing the train setting there. Here the lights alternate all the time whether or not the arms are up. We have a big problem here with the first set of tracks I cross and that's because the arms and lights stay put even after the train is long gone and people go around them all the time.

I too would try the probation plea.

John

RailRoad Crossing Ticket

Reply #12 – April 28, 2007, 06:55:58 PM

Minnesota Driver and Vehicle Services (DVS) does not enforce a so-called "point system" for driver infractions and improvement. Your license can be suspended, revoked, or cancelled under certain conditions, though.

Good thing I'm still licensed in Minnesota

RailRoad Crossing Ticket

Reply #13 – August 09, 2007, 02:03:17 PM

Update * I went to court in june they said to come back on july 19 I was going to go and I got a call stating the officer was in surgery and couldn't make it. They rescheduled it for Aug 9. I went this morning to court. I told this judge the situation and what had happened, I stated the law Section 60-6,170. The officer couldn't provide video evidence. I stated the officer was almost 3 blocks away then the judge asked the officer if this was true and he said yes he was 3 blocks away and he agreed it was hard to judge if I was on the tracks or not. The judge dismissed the ticket calling it dumb and I only had to pay $44 in court costs. Thanks for your help guys

RailRoad Crossing Ticket

Reply #14 – August 09, 2007, 02:09:01 PM

Quote from: Ifixyawata;143362

Speaking of RR crossings... a wierd thing happened to me the other day. In a nearby town there's two different tracks running through. One set of single-track crossings and one set of double-track ones. The double track trains are usually moving pretty fast, but the single track ones are usually crawling. I came across the single tracks and the train was maybe 20 feet from the crossing... stopped, but running and the gates were up and the lights were off. As soon as I went through, though, the lights started blinking, gates came down and the train chugged through. It really made me wonder by what system the crossing gates are activated. A side note... north of that crossing there's a lights-only crossing, which I thought didn't exist anymore, but apperantly they do.

Thats in leetonia isn't it? Near the car wash and the dary queen