equipment. 1. When a person driving a vehicle approaches a railroad grade crossing and warning isgiven by automatic signal, crossing gates, a flag person, or otherwise of the immediate approach of a railroad train or railroad track equipment, the driver of the vehicle shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest railand shall not proceed until the driver can do so safely. 2. The driver of a vehicle shall stop the vehicle and the vehicle shall remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment. 3. a. For violations of this section that occur ata railroad grade crossing that has a median barrier and that is established as a quiet zone in accordance with 49 C.F.R. pt. 222, subpt. C, the person may attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department in lieu of the fine imposed under section 805.8A, subsection14, paragraph “h”, subparagraph (2). To be eligible, the personshall notify the clerkof court prior to the date ofthe person’s court appearance as indicated on thecitation that the person intends to attend and successfully complete a driver improvement program, and shall submit to the clerk of court written verificationthat the person completed the driver improvement program, signed by the instructor of the program, within ninety days of the violation. b. A person who notifies the clerk of court that the person intends to successfully complete a driver improvement program pursuant to paragraph “a”, but who does not submit the required written verification that the person successfully completed the driver improvement program to the clerk of court within ninety days of the violation, shall be assessed the fine described in paragraph “a” on the ninety-first day after the violation.
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