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SECOND REGULAR SESSION
SENATE BILL NO. 1104
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BEAN.
4512S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 300.295 and 304.035, RSMo, and to enact in lieu thereof two new sections
relating to railroad crossings, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 300.295 and 304.035, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 300.295 and 304.035, to read as follows:3
300.295. 1. Whenever any person driving a vehicle 1
approaches a railroad grade crossing under any of the 2
circumstances stated in this section, the driver of such 3
vehicle shall stop within fifty feet but not less than 4
fifteen feet from the nearest rail of such railroad, and 5
shall not proceed until he can do so safely. The foregoing 6
requirements shall apply when: 7
(1) A clearly visible electric or mechanical signal 8
device gives warning of the immediate approach of a railroad 9
train or any on-track equipment; 10
(2) A crossing gate is lowered or when a human flagman 11
gives or continues to give a signal of the approach or 12
passage of a railroad train or any on-track equipment; 13
(3) An approaching railroad train or any on-track 14
equipment is plainly visible and is in hazardous proximity 15
to such crossing. 16
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2. No person shall drive any vehicle through, around 17
or under any crossing gate or barrier at a railroad crossing 18
while such gate or barrier is closed or is being opened or 19
closed. 20
304.035. 1. When any person driving a vehicle 1
approaches a railroad grade crossing, the driver of the 2
vehicle shall operate the vehicle in a manner so he will be 3
able to stop, and he shall stop the vehicle not less than 4
fifteen feet and not more than fifty feet from the nearest 5
rail of the railroad track and shall not proceed until he 6
can safely do so if: 7
(1) A clearly visible electric or mechanical signal 8
device warns of the approach of a railroad train or any on- 9
track equipment; or 10
(2) A crossing gate is lowered or when a human flagman 11
gives or continues to give a signal or warning of the 12
approach or passage of a railroad train or any on-track 13
equipment; or 14
(3) An approaching railroad train or any on-track 15
equipment is visible and is in hazardous proximity to such 16
crossing; or 17
(4) Any other traffic sign, device or any other act, 18
rule, regulation or statute requires a vehicle to stop at a 19
railroad grade crossing. 20
2. No person shall drive any vehicle through, around 21
or under any crossing gate or barrier at a railroad crossing 22
when a train or any on-track equipment is approaching while 23
such gate or barrier is closed or is being opened or closed. 24
3. No person shall drive a vehicle through a railroad 25
crossing when there is not sufficient space to drive 26
completely through the crossing. 27
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4. No person shall drive a vehicle through a railroad 28
crossing unless such vehicle has sufficient undercarriage 29
clearance necessary to prevent the undercarriage of the 30
vehicle from contacting the railroad crossing. 31
5. Every commercial motor vehicle as defined in 32
section 302.700 shall, upon approaching a railroad grade 33
crossing, be driven at a rate of speed which will permit 34
said commercial motor vehicle to be stopped before reaching 35
the nearest rail of such crossing and shall not be driven 36
upon or over such crossing until due caution has been taken 37
to ascertain that the course is clear. This section does 38
not apply to vehicles which are required to stop at railroad 39
crossings pursuant to section 304.030. 40
6. Any person violating the provisions of this section 41
is guilty of a class C misdemeanor. 42
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