Certain vehicles fail to stop at railroad crossing
Florida Statute § 316.159
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
Passenger-for-hire vehicles other than taxicabs, school buses carrying children, and vehicles carrying explosive or flammable-liquid cargo must stop 15–50 feet from the nearest rail, look and listen, and proceed only when safe without shifting gears on the tracks. An officer, signal, or sign may permit proceeding, but a school bus carrying children still must stop unless an officer directs otherwise. Other commercial vehicles must slow and check for trains. Confirm vehicle use/cargo, stopping point, and the applicable exception.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Railroad / CMV
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 6 — unlawful driving through a railroad-highway grade crossing
- Fine / Penalty
- $60 base moving penalty; speeding/enhanced-zone schedules may differ
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.