Railroad Grade Crossings; Stopping Required: Exception for Railroad Grade Crossing Equipped With Active Warning Device Not in Activated State

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Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).

( printed page 22915)

Notice of proposed rulemaking (NPRM).

FMCSA proposes to amend the regulations related to driving a commercial motor vehicle (CMV) at railroad grade crossings. Currently, drivers of certain CMVs ( e.g., buses transporting passengers and CMVs transporting certain hazardous materials) are required to stop before crossing a railroad track unless an exception applies, such as when the crossing is controlled by a functioning highway traffic signal transmitting a green indication. The Agency proposes to add a similar exception for a railroad grade crossing equipped with an active warning device that is not in an activated state ( e.g., flashing lights or crossing gates down, indicating the arrival of a train).

Comments must be received on or before July 29, 2025.

You may submit comments identified by Docket Number FMCSA-2021-0050 using any of the following methods:

  • Federal eRulemaking Portal: Go to https://www.regulations.gov/​docket/​FMCSA-2021-0050/​document. Follow the online instructions for submitting comments.
  • Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001.
  • Hand Delivery or Courier: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
  • Fax: (202) 493-2251.
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