New Kensington, PA asked in Traffic Tickets for Washington

Q: School van stopping at railroad crossings.

I drive a commercial 9 passenger school van to pickup and drop off students. The company that I drive for tells us that we are not required to stop at railroad crossings because our vans do not have the 8-way flashing warning lights as the bigger busses have. I thought that any and all commercial vehicles carrying passengers, whether a school bus or taxi or transit vehicle were required to stop at all railroad crossings. Can you help clarify this for me?

Related Topics:
2 Lawyer Answers
Marjorie Simmons
Marjorie Simmons
Answered
  • Burlington, WA
  • Licensed in Washington

A: The state superintendent of public instruction adopts and enforces rules not inconsistent with the state statutes to govern the design, marking, and mode of operation of all school buses owned and operated by any school district or privately owned and operated under contract or otherwise with any school district in Washington for the transportation of school children. (RCW 46.61.380) The Washington State Patrol Commercial Vehicles Division has the Commercial Vehicle Guide at http://www.wsdot.wa.gov/NR/rdonlyres/EE2D33C7-E6A0-4C58-9BD9-AE05C003B327/0/VehicleGuide.pdf. The State Patrol can also quote the law they will cite when writing a ticket for violations, and probably will tell you which one, for free. They also have an informative video on school bus stop rules for other drivers at https://www.youtube.com/watch?v=moK9MZVSIQY.

Marjorie Simmons
Marjorie Simmons
Answered
  • Burlington, WA
  • Licensed in Washington

A: The UTC's "Stopping Requirements at Railroad Crossings" may also be helpful to you. The primary responsibility of the Utilities and Transportation Commission’s (UTC) Rail Safety program is to make sure that grade crossings, where roads and highways cross railroad tracks, are as safe as possible. On June 10, 2010, a law went into effect requiring all commercial motor vehicles transporting passengers or hazardous materials to stop at all highway-railroad grade crossings, with few exceptions. See

http://web.archive.org/web/20150803224957/http://www.wutc.wa.gov/webimage.nsf/0/622F69DDAC4E10C48825777C0059C94B!OpenDocument&altcat=1.

The state superintendent of public instruction adopts and enforces rules not inconsistent with the state statutes to govern the design, marking, and mode of operation of all school buses owned and operated by any school district or privately owned and operated under contract or otherwise with any school district in Washington for the transportation of school children. (RCW 46.61.380) The Washington State Patrol Commercial Vehicles Division has the Commercial Vehicle Guide at http://www.wsdot.wa.gov/NR/rdonlyres/EE2D33C7-E6A0-4C58-9BD9-AE05C003B327/0/VehicleGuide.pdf. The State Patrol can also quote the law they will cite when writing a ticket for violations, and probably will tell you which one, for free. They also have an informative video on school bus stop rules for other drivers at https://www.youtube.com/watch?v=moK9MZVSIQY.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.