(1) (a) Except as otherwise provided in this section, the driver of a school bus, as defined in subsection (5)(b) of this section, carrying any schoolchild, the driver of a vehicle carrying hazardous materials that is required to be placarded in accordance with rules issued under section 42-20- 108, or the driver of a commercial vehicle, as defined in section 42-4-235, that is transporting passengers, before crossing at grade any tracks of a railroad: (I) Shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad; (II) While stopped, shall listen and look in both directions along the track for any approaching train or on-track equipment or for signals indicating the approach of a train or on- track equipment; and (III) Shall not proceed until the driver can do so safely. (b) After stopping as required in this section and upon proceeding when it is safe to do so, the driver of a vehicle described in subsection (1)(a) of this section: (I) Shall cross only if there is no necessity for changing gears while traversing the crossing; and (II) Shall not manually shift gears while crossing the tracks. (2) This section shall not apply at street railway grade crossings within a business district. (3) When stopping as required at such railroad crossing, the driver shall keep as far to the right of the roadway as possible and shall not form two lanes of traffic unless the roadway is marked for four or more lanes of traffic. (4) Subsection (1) of this section does not apply at: (a) (Deleted by amendment, L. 2006, p. 42, § 1, effective July 1, 2006.) (b) Any railroad grade crossing at which traffic is regulated by a traffic control signal; (c) Any railroad grade crossing at which traffic is controlled by a police officer or human flagperson; (d) A railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains or on-track equipment are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend "exempt", which sign constitutes legally sufficient notice that the crossing is exempt from the stopping requirement in this section. (5) For the purposes of this section: (a) The definition of hazardous materials shall be the definition contained in the rules adopted by the chief of the Colorado state patrol pursuant to section 42-20-108. (b) "School bus" means a school bus that is required to bear on the front and rear of such school bus the words "SCHOOL BUS" and display visual signal lights pursuant to section 42-4- 1903 (2)(a). (6) Any person who violates any provision of this section commits a class A traffic infraction.
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