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General Knowledge · Railroad-Highway Crossings

A driver operating a CMV not covered by 49 CFR 392.10 (not a passenger bus, not marked or placarded for hazardous materials) approaches a railroad crossing with no gates or lights. What does 49 CFR 392.11 require?

1.Approach at a speed that would allow the vehicle to stop before the nearest rail, and do not proceed onto the crossing until the driver has confirmed it is clearCorrect answer
2.No federal requirement applies at all, since only the vehicles named in 392.10 are regulated at railroad grade crossings; every other CMV is left to state law alone
3.Come to the same complete stop required of passenger buses and hazmat-placarded vehicles under 392.10, at every crossing, whether or not it has gates or flashing lights
4.Cross at the posted road speed limit, since the absence of gates or lights means the crossing is presumed safe unless a train is actually visible from the approach

Explanation

Every commercial motor vehicle not covered by 392.10's mandatory-stop list must still approach a crossing at a speed that would let it stop before the nearest rail, and must not drive onto the crossing until the driver has confirmed the track is clear, under 49 CFR 392.11. This is a real, codified duty, so treating an unlisted vehicle as unregulated is wrong; it is also a distinct, lesser duty than 392.10's unconditional stop, so applying that stricter rule here overstates what 392.11 actually requires. The remaining wrong option assumes the lack of gates or lights means the crossing is safe to cross at normal speed, the opposite of what the regulation demands, since a passive crossing with no active warning devices is exactly the situation where the driver alone must judge whether a train is coming.

Source: 49 CFR 392.11

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