NEW JERSEY

FOR RESPONSE TO

RAILROAD INCIDENTS

LAW ENFORCEMENT GUIDERAILROAD

R R

Dedicated to all law enforcement who served, are serving and will serve in the future.

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Under 49 US Code § 28101 Federal Government defines the jurisdiction of railroad police officers and allows each state to control jurisdictional authority.

In the State of New Jersey (N.J.S.A. 48:3-38) railroad police officers carry the title of “Special Agent”.

Railroad Special Agents are commissioned by the State of New Jersey through the Governor’s Office and enjoy the privileges of full law enforcement authority.

DISCLAIMER

This Law Enforcement Guide is intended to assist New Jersey Law Enforcement personnel when investigating railroad-related crimes, answering calls for service or conducting motor vehicle investigations on railroad property. While the statutes listed here are intended as reference material, this compendium does not include all applicable law. Additional statutes and local ordinances may be relevant in an enforcement action. Consult your Agency legal advisor or local prosecutor. Do not change any departmental policy or procedure based on this reference material without the review and approval of your legal advisor. This document is for reference only and does not constitute legal advice. The author and contributing entities make no claim as to the accuracy, completeness or adequacy of this guide and expressly disclaim liability for errors or omission in the content.

Copyright © 2018 by New Jersey Operation Lifesaver. All rights reserved.

JURISDIC TION AND AUTHORIT Y

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Police work is inherently dangerous on any given day, the addition of working on or along any railroad makes that danger greater. Please be aware of your surroundings on tracks, trestles, bridges, tunnels and all railroad property.

Trains are powerful. Trains are quiet. Trains move in any direction, on any track, at any time.

Prior to working on or along any railroad, exhaust all efforts to contact and notify the railroad of your activities. Locate the Emergency Notification Sign, displayed on posts at railroad crossings, for the operating railroad’s contact information and unique six digit number with one letter, pinpointing your location. Do not go on the property until you have confirmed train traffic has been halted. Make sure all personnel are accounted for and off the property before trains are released to operate.

Additional safety tips and information can be found on the Operation Lifesaver, Inc. website at www.oli.org.

The New Jersey Railroad Law Enforcement Guide is available in PDF format on the New Jersey Operation Lifesaver website at community.oli.org/state/nj.

For additional safety resources, please visit the Federal Railroad Administration (FRA) website at www.fra.dot.gov.

TABLE OF CONTENTSWelcome Note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Norfolk Southern Police Special Agent, Thomas J. Jedic6

Railroad Company Emergency Numbers . . . . . . . . . . . . . 8

Criminal/Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Illegal Dumping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.J.S.A. 13:1E-9.3 N.J.S.A. 13:1E-9.4

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Interference with Transportation . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 2C:33-14a (1) - (7)

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Criminal Mischief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 2C:17-3a (1)(2)N.J.S.A. 2C:17-3b (1)(2)N.J.S.A. 2C:17-3d (1)(2)

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Trespassing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 2C:18-3 N.J.S.A. 48:12-152

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Burglary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 2C:18-2

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Theft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 2C:20-2N.J.S.A. 2C:20-3N.J.S.A. 2C:20-6

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Receiving Stolen Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 2C:20-7

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TABLE OF CONTENTSMotor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

New Jersey Railroad Train and Motor Vehicle Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.J.S.A. 39:1-120

Investigating Alcohol/Drug Related Incidents . . . . . . . . . . . 20Obstruction of Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.J.S.A. 39:4-94 21

Unlawful Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Snowmobile/ATV

N.J.S.A. 39:3C-19 (f)

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Abandonment of Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 39:4-56.6

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Railroad Crossing Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 39:4-127.1

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Vehicles Required to Stop at Railroad Grade Crossings . . . N.J.S.A. 39:4-128N.J.S.A. 39:4-128.11N.J.S.A. 39:1-1

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Obeying Traffic Control Devices . . . . . . . . . . . . . . . . . . . . . . . . . N.J.S.A. 39:4-81

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Parking within 50 ft. of the Nearest Railroad Crossing . . . N.J.S.A. 39:4-138 j

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Grade Crossing Collision Checklist . . . . . . . . . . . . . . . . . . . 29Emergency Notification Sign . . . . . . . . . . . . . . . . . . . . . . . . . 30Know Your Signs & Signals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30CHEMTREC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34AskRail® Mobile Application . . . . . . . . . . . . . . . . . . . . . . . . . 34Common Railroad Cars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

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to the New Jersey Railroad Law Enforcement Guide, a compilation of information

provided by railroad professionals to protect your safety while working on, along or near any railroad tracks. The following tips are critical to safety and should always be remembered:

• NEVER walk on or near any railroad tracks while conducting your job. Despite their size, trains have been designed to move quickly and quietly along the tracks, offering little to no warning of their approach.

• An optical illusion makes trains appear to be farther away and slower moving than they actually are. The average freight train hauling 6,000 tons and traveling at 55 MPH will need, at a minimum, one mile in length to stop.

• Trains operate at any time, in any direction on any track. Unlike vehicular traffic control, trains work on efficiency and will travel on the most feasible route.

• Become familiar with all local railroads and who dispatches the trains in your community and any community that may request mutual aid or back up. The name on the railcar does not necessarily indicate the owner of the railroad. Through mutual agreements, privately owned rail lines will operate on competing tracks and trains carrying passengers often run on the same rail as freight trains. A list of contact information for rail lines in New Jersey is provided on pages 8 and 9 for your convenience. When in doubt, use the contact information for the Federal Railroad Administration (FRA) to confirm dispatcher information.

Welcome

It can take the length of 18 football fields to stop a train.

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• Before sending any personnel to an on-track or rail related incident, first contact the dispatcher to ensure all train traffic has been halted. Once confirmed, it is still imperative to post personnel along the rail line to watch for and alert others of any unexpected train activity.

• It is in your best interest to get to know and visit areas served by your local railroads. Be prepared and scope out possible points of entry in case of an emergency or derailment. Look for areas to adequately stage emergency vehicles without creating a bottleneck, ensuring ingress and egress can be accomplished.

Visit New Jersey Operation Lifesaver at community.oli.org/state/nj and connect with a NJ State Representative to arrange training and establish a direct connection with the railroad police agency responsible for the railroad in your community.

Partnering with people who share a common interest in serving the public will allow first responders to act more efficiently when there is an incident involving the railroad and ultimately provide a safer environment for everyone. Stay safe and thank you for your service.

Thomas J. JedicSpecial AgentNorfolk Southern Railway Police-New JerseyBoard Member New Jersey Operation Lifesaver

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R AILROAD COMPANY INFORMATION

RAILROAD PHONE

Amtrak 800-331-0008

Belvidere & Delaware River Railway 908-782-1611

Black River & Western Railroad 908-782-9600

Bound Brook & Raritan River Railroad 908-782-9600

Cape May Seashore Lines 609-602-1264

Consolidated Rail Corp. 856-231-2261

CSX Transportation 800-232-0144

Delaware River Port Authority 856-963-7995

Dover & Rockaway River Railroad 908-782-1611

East Jersey Railroad & Terminal Co. 201-437-2200

Hainesport Industrial Railroad 609-261-8036

Morristown & Erie Railway, Inc. 973-267-4300

New Jersey & Northern Railway 617-243-0137

New Jersey Rail Carriers, LLC 973-344-2200

New Jersey Seashore Lines 609-602-1264

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RAILROAD PHONE

New Jersey Transit Police Department 973-378-6565

New York & Greenwood Lake Railway 973-743-5300

New York New Jersey Rail, LLC 201-433-0360

New York, Susquehanna & Western 607-547-2555

Norfolk Southern Railway 800-453-2530

Port Authority of NY & NJ Police Dept. 201-239-3500

Port Authority Transit Corporation 856-772-6900

Port Jersey Railroad 201-434-8373

Raritan Central Railway 732-417-0222

SGS Petroleum Service Corporation 225-343-8262

SMS Rail Services, Inc. 856-467-4800

Southern Railroad of New Jersey 609-567-4190

Winchester & Western Railroad Co. 304-596-2680

CHEMTRECPlease see page 34 for additional information. 800-424-9300

R AILROAD COMPANY INFORMATION

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Illegal Dumping

N.J.S.A. 13:1E-9.3 Disposal, Transportation of Solid Waste; Authorization

c. No person shall, regardless of intent, cause, engage in or be permitted to engage in, the disposal of any amount of solid waste on real property subject to the use, control or ownership of a railroad company, unless such disposal is expressly authorized by the railroad company and approved by the Department of Environmental Protection.

N.J.S.A. 13:1E-9.4 Penalties

f. A person convicted of a violation of the provisions of subsection c. of section 2 of P.L.1989, c.118 (C. 13:1E-9.3) shall be liable to the railroad company in the amount of three times the damages caused directly or indirectly by the unlawful disposal together with three times the costs associated with the cleanup of the real property upon which the violation occurred, including, but not limited to, all attorney’s fees and costs which the railroad company may reasonably expend in a civil suit brought in a court of competent jurisdiction to collect the sums imposed by this subsection. In any such suit, a final judgement of conviction shall be admissible as conclusive proof that the person violated the provisions of subsection c. of section 2 of P.L.1989, c.118 (C. 13:1E-9.3).

CRIMINAL/OFFENSES

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Interference with Transportation

N.J.S.A. 2C:33-14Interference with Transportation

a. A person is guilty of interference with transportation if the person purposely or knowingly:

(1) casts, shoots or throws anything at, against or into any vehicle, including but not limited to, a bus, light rail vehicle, railroad locomotive, railroad car, jitney, trolley car, subway car, ferry, airplane, or other facility of transportation; or

(2) casts, shoots, throws or otherwise places any stick, stone or object or other substance upon any street railway track, trolley track or railroad track; or

(3) endangers or obstructs the safe operation of motor vehicles by casting, shooting, throwing or otherwise placing any stick, stone, object or other substance upon any highway or roadway; or

(4) unlawfully climbs into or upon any light rail vehicle, railroad locomotive or railroad car, either in motion or standing on the track of any railroad company in this State; or

(5) unlawfully disrupts, delays or prevents the operation of any vehicle, including, but not limited to, a bus, light rail vehicle, railroad locomotive, train, jitney, trolley, subway, airplane or any other facility of transportation. The term “unlawfully disrupts, delays or prevents the operation of” does not include non-violent conduct growing out of a labor dispute as defined in N.J.S.A. 2A:15-58; or

CRIMINAL/OFFENSES

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(6) endangers or obstructs the safe operation of motor vehicles

by using a traffic control preemption device to interfere with or impair the operation of a traffic control signal as defined in R.S. 39:1-1; or

(7) shines, points or focuses a laser lighting device beam, directly or indirectly upon a person operating any vehicle, including, but not limited to, a bus, light rail vehicle, railroad locomotive, railroad car, jitney, trolley car, subway car, ferry, airplane, or other facility of transportation. As used in this paragraph “laser lighting device” means a device which emits a laser beam that is designed to be used by the operator as a pointer or high lighter to indicate, mark or identify a specific position, place, item or object.

As used in this subsection, “traffic control preemption device” means an infrared transmitter or other device which transmits an infrared beam, radio wave or other signal designed to change, alter, or disrupt in any manner the normal operation of a traffic control signal.

Criminal MischiefMay range from indictable offenses to disorderly persons offenses

N.J.S.A. 2C:17-3a Offense Defined

A Person is Guilty of Criminal Mischief if He:

1. Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.A. 2C:17-2; or

CRIMINAL/OFFENSES

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2. Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property.

N.J.S.A. 2C:17-3b Grading

1. Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000 or more, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service.

2. Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500. It is a disorderly persons offense if the actor causes pecuniary loss of $500 or less.

N.J.S.A. 2C:17-3d As Used in this Section

1. “Act of graffiti” means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.

2. “Spray paint” means any paint or pigmented substance that is an aerosol or similar spray container.

CRIMINAL/OFFENSES

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Trespassing

N.J.S.A. 2C:18-3Unlicensed Entry of Structures; Defiant Trespasser

a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewerage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. Otherwise it is a disorderly persons offense.

b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(3) Fencing or other enclosure manifestly designed to exclude intruders.

CRIMINAL/OFFENSES

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N.J.S.A. 48:12-152Trespassing on Tracks is Prohibited; Contributory Negligence; injury on Tracks or Moving Car, Crossings

a. No person other than those connected with or employed upon the railroad who are acting within the scope of their employment shall enter upon the right-of-way of any railroad or come into contact with any equipment, machinery, wires or rolling stock of any railroad. This section shall not prohibit a passenger for hire from utilizing those parts of a railroad particularly intended for passenger use nor shall it prohibit a person from using a crossing established by the railroad.

Burglary

N.J.S.A. 2C:18-2

a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:

(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or

(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.

CRIMINAL/OFFENSES

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CRIMINAL/OFFENSES

b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

(2) Is armed with or displays what appears to be explosives or a deadly weapon.

Otherwise burglary is a crime of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

Theft

N.J.S.A. 2C:20-2Consolidation of Theft and Computer Criminal Activity Offenses

b. Grading of theft offenses.

(1) Theft constitutes a crime of the second degree if:

(a) The amount involved is $75,000 or more;

(f) It is a breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000 or more.

(2) Theft constitutes a crime of the third degree if:

(a) The amount involved exceeds $500 but is less than $75,000;

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(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;

(h) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health care and the amount involved is less than $75,000;

(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research, or;

(3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200 but does not exceed $500.

(4) Theft constitutes a disorderly persons offense if:

(a) The amount involved was less than $200, or;

(b) The property stolen is an electronic vehicle identification system transponder.

CRIMINAL/OFFENSES

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N.J.S.A. 2C:20-3Theft by Unlawful Taking or Disposition

a. Moveable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

b. Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.

N.J.S.A. 2C:20-6Theft of property lost, mislaid or delivered by mistake

A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use.

CRIMINAL/OFFENSES

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Receiving Stolen Property

N.J.S.A. 2C:20-7Receiving Stolen Property

a. Receiving. A person is guilty of theft if he knowingly receives or brings into this state moveable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. “Receiving” means acquiring possession, control or title, or lending on the security of the property.

b. Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a person who:

(1) Is found in possession or control of two or more items of property stolen on two or more separate occasions; or

(2) Has received stolen property in another transaction within the year preceding the transaction charged; or

(3) Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from who he obtained it has a legal right to possess and dispose of it; or

(4) Is found in possession of two or more defaced access devices.

CRIMINAL/OFFENSES

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MOTOR VEHICLE

N.J.S.A. 39:1-1New Jersey Railroad Train and Motor Vehicle Definitions

Railroad train means a steam engine, electrical or other motor, with or without cars coupled thereto, operated upon rails, except street cars.

State drivers’ license is not required to be in possession of a locomotive engineer or recorded on an accident report.

Motor Vehicle includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.

Investigating Alcohol/Drug Related Incidents

49 CFR Part 219.201(5)(i-v)

No test may be required by any engineer or conductor in the case of a collision between railroad rolling stock and a motor vehicle or other highway conveyance at a highway-rail grade crossing. Motor vehicle laws apply to any driver but not the train crew. An engineer is not required to be in possession of or present his/her State issued drivers’ license at any grade crossing or motor vehicle accident scene. An engineer’s drivers’ license information is not to be placed in the “driver” section of the NJTR-1 as they are not operating a motor vehicle. If criminal activity is suspected a warrant may be required for a blood test. No test may be required for an accident/incident the cause and severity of which are wholly attributable to a natural cause (e.g., flood, tornado, or other natural disaster) or to vandalism or trespasser(s), as determined on the basis of objective and documented facts by the railroad representative responding to

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the scene. If an engineer is in a collision at a highway-rail grade crossing, the event would not normally meet the criteria for post-accident testing, unless it meets specific Human Factor criteria described in 49 CFR Part 219.201(5)(i-v), effective June 12, 2017.

Since FRA regulations cover specific criteria for post-accident testing at highway-rail grade crossings, State and local laws on toxicological testing after rail accidents may not apply. But, an officer can still require testing if he/she has “probable cause” to suspect the engineer is impaired (this will require more than the fact an accident and/or crime occurred).

Obstruction of Traffic

N.J.S.A. 39:4-94Railroad Blocking Highway

No employee of a steam or electric railroad company shall operate a locomotive, train or crossing gate in such a manner as to unnecessarily prevent or interfere with the use of a highway for the purpose of travel.

Unlawful Acts

N.J.S.A. 39:3C-19

It shall be unlawful for:f. Any person to operate a snowmobile, all-terrain vehicle or dirt bike upon railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.

MOTOR VEHICLE

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STOP

Abandonment of Motor Vehicles

N.J.S.A. 39:4-56.6Abandonment of Vehicle on Private Property

1. No person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property or for a period in excess of that for which consent was given, except in the case of emergency or disablement of the vehicle in which case the owner or operator thereof shall arrange for the expeditious removal of the vehicle. This section shall not apply to manufactured or mobile homes left unattended and for which there exists or existed a rental agreement to occupy a space on the property.

Railroad Crossing Compliance

N.J.S.A. 39:4-127.1Railroad Crossings; Stopping

a. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(2) 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;

MOTOR VEHICLE

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(3) A railroad train approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such a distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;

(4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

b. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

Vehicles Required to Stop at Railroad Grade CrossingsSchool Buses, Fuel Trucks and Hazardous Material Haulers

N.J.S.A. 39:4-128Vehicles Required to Stop at Railroad Grade Crossings; Method of Crossing; Exceptions; Notice to Railroad of Intention to Cross with Certain Vehicles or Machinery; Violations; Penalties

a. The driver of any omnibus, designed for carrying more than six passengers, or of any school bus carrying any school child or children, or of any vehicle carrying explosive substance or flammable liquids as a cargo or part of a cargo, or of any commercial motor vehicle specified in 49 CFR s.392.10(a)(1-6), before crossing at grade any track or tracks of a railroad shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped listen and look in both directions along such track or tracks, for any approaching train, and for signals indicating the approach of a train. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity

MOTOR VEHICLE

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MOTOR VEHICLE

for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks. This section shall not apply to grade crossings which are no longer used for railroad traffic and which have been abandoned by the railroad company provided that appropriate signs have been posted to indicate that such grade crossing has been abandoned or is no longer used for any railroad traffic. This section shall not apply to grade crossings where the railroad track has been removed or paved over and the warning signs erected by the railroad in accordance with R.S.48:12-58 have been removed, provided that in such case written notice is given to the Commissioner of Transportation and to the appropriate State or local authority having jurisdiction over the highway, road, or street prior to the undertaking of such removal or paving of railroad track. This section shall also not apply to grade crossings marked with a sign reading “Exempt Crossing”.

The Commissioner of Transportation is hereby vested with the exclusive authority to designate and mark any railroad grade crossing across any street or highway in this State with a sign “Exempt Crossing”. The commissioner shall hold a public hearing before designating any crossing as exempt with notice of such hearing to be served in accordance with regulations promulgated by the commissioner.

The commissioner shall designate a grade crossing an exempt crossing when the potential for damage and injury from accidents between motor vehicles required to stop at grade crossings and other motor vehicles traveling in the same direction exceeds that between a train and the vehicles required to stop by law. Crossings designated as exempt crossings may include, but shall not be limited to, industrial, spurline and secondary crossings. The commissioner shall promulgate such regulations as are necessary to effectuate the purpose of the establishment of exempt crossings.

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b. No person shall operate or move any crawler-type tractor, wheel tractor, tractor engine with or without trailer or trailers attached, steam shovel, derrick, roller, self-propelled concrete mixer, or any self-propelled vehicle, commercial motor vehicle, equipment, machinery, apparatus or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than half an inch per foot of the distance between any two adjacent axles or in any event less than nine inches, measured above the level surface of a roadway, upon or across any track or tracks at a railroad grade crossing without first complying with the following requirements. Notice of any such intended crossing shall be given to the nearest superintendent or trainmaster of such railroad. Such notice shall specify the approximate time of crossing and a reasonable time shall be given to such railroad to provide proper protection at such crossing.

After concluding satisfactory arrangements with the proper officer of the railroad and before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same note less than fifteen feet nor more than fifty feet from the nearest rail of such railroad, and while so stopped shall listen and look in both directions along such track or tracks for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If the flagman is provided by the railroad, movement over the crossing shall be made under his jurisdiction.

c. Any person violating the provisions of this section shall be punished by a fine of not more than $50 for the first offense and for the second offense a fine of not more than $100, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.

MOTOR VEHICLE

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d. This section shall not be construed as limiting the authority of any municipality to adopt police regulations governing the operating of omnibuses and to provide penalties for their violation, or to relieve the owner or operator of such omnibus subject to the jurisdiction of the Board of Public Utilities from any penalty prescribed by the laws of this State for violation of orders of such board.

N.J.S.A. 39:4-128.11Regulations Relative to Certain Commercial Vehicles Stopping at Railroad Crossings

a. A driver of a commercial motor vehicle, other than a commercial motor vehicle that is required to stop at a railroad grade crossing in accordance with R.S.39:4-128, shall, upon approaching a railroad grade crossing, drive at a rate of speed that will permit the commercial motor vehicle to be stopped before reaching the nearest rail of the crossing. A driver shall not drive a commercial motor vehicle upon or over a railroad crossing until he has exercised due caution to ascertain that a train is not approaching the crossing.

b. A driver of a commercial motor vehicle, other than a commercial motor vehicle that is required to stop at a railroad crossing in accordance with R.S.39:4-128, shall stop that commercial motor vehicle before reaching the nearest rail of the crossing, if the tracks of the crossing are not clear of other vehicles or if there is insufficient space to drive the commercial motor vehicle completely through the crossing without stopping the vehicle.

c. An employer shall not knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of R.S.39:4-128, section 68 of P.L. 1951, c.23 (C.39:4-127.1) or this section. An employer who is convicted of any such violation shall be fined not more than $10,000. For Federal regulations, see US 49 CFR 392.10.

MOTOR VEHICLE

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N.J.S.A. 39:1-1Words and Phrases Defined

“School Bus” means every motor vehicle operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or privately operated for the transportation of children to or from school for secular or religious education, which complies with the regulations of the New Jersey Motor Vehicle Commission affecting school buses, including “School Vehicle Type I” and “School Vehicle Type II” as defined.

“School Vehicle Type I” means any vehicle designed to transport sixteen or more passengers, including the driver, used to transport enrolled children, and adults only when serving as chaperones, to or from school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency.

“School Vehicle Type II” means any vehicle designed to transport less than sixteen passengers, including the driver, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency.

MOTOR VEHICLE

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Obeying Traffic Control Devices

N.J.S.A. 39:4-81

a. The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer.

b. When, by reason of a power failure or other malfunction, a traffic control signal at an intersection is not illuminated, the driver of a vehicle or street car shall, with respect to that intersection, observe the requirement for a stop intersection, as provided in R.S.39:4-144.

Parking within fifty feet of the Nearest Railroad Crossing

N.J.S.A. 39:4-138 Places Where Parking Prohibited; Exceptions; Moving Vehicle Not Under One’s Control into Prohibited Area

Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:

j. Within fifty feet of the nearest rail of a railroad crossing.

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MOTOR VEHICLE

NOTES

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GRADE CROSSING COLLISION CHECKLIST

GRADE CROSSING COLLISION CHECKLIST

Train Crew Information

Name/TitleAddressDOBTelephoneLocomotive Engineer Certificate Information and Expiration DateState drivers’ license not required in possession or recorded on accident report

Train Information

Lead locomotive numberTrain ID or Symbol Assigned by the RailroadNumber of Cars in TrainInitial and Number of Railroad Cars Stopped on CrossingOwner of Tracks, Name and AddressRailroad Company Operating Train, Name and AddressTrain Stopping Distance from Point of Impact

Ask Crew Member to Operate Locomotive Safety Devices:

Headlight and Auxiliary LightsHorn (Caution: Horn is LOUD)Bell

Crossing Information

Yes No

Crossbuck SignMultiple Track SignAdvance Warning SignPavement MarkingsActive Warning Devices Functioning

DOT Crossing Inventory NumberDistance from Advance Warning Sign to Nearest RailCrossing Surface (rubber, asphalt, concrete, wood, etc.)Visual Obstructions on Driver Approach to the Crossing

WHEN THE ABOVE INFORMATION IS COLLECTED CONSIDER RELEASING THE TRAIN

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EMERGENC Y NOTIFIC ATION SIGN

NOTRAIN HORN

LOW GROUNDCLEARANCE

CROSS I NGRA I L

ROAD

3TRACKS

e.

c.

h.

a.

REPORT EMERGENCYTO 1-800-555-555

CROSSING #221-6200ON WENDOVER ROAD

R R

d.

f. EXEMPTg.DO NOT

STOP ON

TRACKS

Emergency Notification Sign Located at all railroad crossings, this sign displays the operating railroad’s emergency contact information and a unique six digit number with one letter, pinpointing your location. The Emergency Notification Sign is displayed on posts at railroad crossings. If signs are missing, contact the railroad as soon as possible. Each crossing in the USA has a unique USDOT Crossing Number.

b.

KNOW YOUR SIGNS & SYMBOLS

Passive signs and active traffic control devices are installed along roads that cross railroad tracks both on the approach and at the highway-rail grade crossing to regulate, warn or guide traffic.

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SIGN WHAT IT MEANS

a. CROSSBUCK Marks the crossing and is considered the same as a YIELD.

b. ADVANCE WARNING

Warns drivers that the road crosses railroad tracks ahead. This sign is erected and maintained by the highway authority (State, County, Local) not the railroad.

c. NO TRAIN HORN A Quiet Zone has been established and normally the train will not sound the horn.

d.ADVANCE WARNING for side streets

Warns that a highway-rail intersection will appear immediately after making a right or a left turn.

e. LOW GROUNDCLEARANCE

Alerts drivers of long wheelbase vehicles or trailers of a potential hang-up situation at the crossing.

f. MULTIPLE TRACKS Indicates the number of tracks present.

g. DO NOT STOP ON TRACKS

Signs such as this and the painted stop bar with sign can be enforced through N.J.S.A. 39:4-81, failure to obey a traffic control device.

h. EXEMPT SIGN

Vehicles normally required to fully stop prior to crossing the track(s) are no longer required to do so, unless a train is on location. The Exempt Sign is enforced through N.J.S.A. 39:4-128.

KNOW YOUR SIGNS & SYMBOLS

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KNOW YOUR SIGNS & SIGNALS

R R

R R

YIELD

C R O S S I NG

RA I L

ROAD

C R O S S I NGRA I L

ROAD

C R O S S I NG

RA I LROAD

C R O S S I NGRA I L

ROAD

l.

i. j.

n.

m.

STOP

o.

13’- 6”k.

SIGN WHAT IT MEANS

i. STOP SIGN A driver must always stop at the STOP sign in advance of the railroad tracks.

j. YIELD SIGN Every driver must YIELD the right-of-way to a train.

k. ADVANCED HEIGHT WARNING

For trucks, etc. and can be enforced through N.J.S.A. 39:4-81.

l.PAVEMENT MARKINGS& STOP BARS

On paved roads, alerts drivers the road crosses railroad tracks ahead and identifies the safe place to stop and look for an approaching train.

m. FLASHING REDLIGHTS & GATES

Warns of an approaching train and used to close the road when a train approaches. It is illegal to go around the gates.

n. FLASHING RED LIGHTS Warns of an approaching train.

o. CANTILEVERFLASHING LIGHTS

Warns of an approaching train and designed to cover all traffic lanes so the crossing warning is visible to all drivers on multi-lane roads.

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KNOW YOUR SIGNS & SIGNALS

34

AskRail® provides immediate access to accurate, timely data about what type of hazardous materials a railcar may be carrying, allowing first responders the ability to make an informed decision on how to respond to a rail emergency.

Full access to the restricted features of AskRail® is granted to qualified first responders who have completed rail emergency training sponsored by one of the Class I freight railroads or at the Security and Emergency Response Training Center (SERTC). Additionally, Railroads may offer AskRail® to known emergency responders along their routes.

Using GPS Technology, AskRail® will map surrounding communities and identify vulnerable areas like hospitals, schools, rivers and other community assets, ultimately, allowing better coordination to a response.

AskRail® is a collaboration between the Association of American Railroads, Railinc, and the International Association of Fire Chiefs.

Use a simple railcar ID search to see whether a railcar on a train is carrying hazardous materials.

View the contents of an entire train.

View emergency contact information for all Class I railroads and Amtrak.

When minutes matter, take the guesswork out of planning and use AskRail® to coordinate an effective, swift response.

Available in English and French in the US, Canada and Mexico

THROUGH AskRail® EASY-TO-USE MOBILE INTERFACE, EMERGENCY RESPONDERS CAN:

The world’s leading source of information and emergency incident support for shippers of

hazardous materials. Should an incident occur, call CHEMTREC 1-800-424-9300 to determine the first steps in responding and how to mitigate the situation, reducing risk to the public and environment. Please visit www.chemtrec.com for more information.

35

CARGO

COMMON R AILROAD C ARS

Box Car

Container on a Flatcar (COFC)

Tank Car

Hopper Car

Caboose

Flat Car

Lumber Car

Strict enforcement of highway-rail statutes, combined with education and engineering initiatives in a community, reduce the loss of life and property damage related to highway-rail crashes and trespassing.

This guide has been prepared to assist law enforcement officers in their community highway-rail enforcement responsibilities.

Thank you for your service!

STRIC T ENFORCEMENT OF HIGHWAY-R AIL AND TRESPASS

STATUTES SAVES LIVES!

36

The New Jersey Railroad Law Enforcement Guide has been prepared with support from the following:

• New Jersey Operation Lifesaver• New Jersey Short Line Railroad Association• Norfolk Southern Railway • Railroad Construction Company, Inc.

WWW.RAILROADCONSTRUCTION.COM75-77 GROVE STREET PATERSON, NJ 07503

A special thanks to the Association of American Railroads for providing AskRail® content and imagery.

Copyright © 2018 by New Jersey Operation Lifesaver. All rights reserved.