331.31 DRIVING ACROSS GRADE CROSSING.

   (a)   (1)   Whenever any person driving a vehicle approaches a railroad grade crossing, the person shall stop within fifty feet, but not less than fifteen feet from the nearest rail of the railroad, if any of the following circumstances exist at the crossing:

         A.   A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train.

         B.   A crossing gate is lowered.

         C.   A flagperson gives or continues to give a signal of the approach or passage of a train.

         D.   There is insufficient space on the other side of the railroad grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding any traffic control signal indication to proceed.

         E.   An approaching train is emitting an audible signal or is plainly visible and is in hazardous proximity to the crossing.

         F.   There is insufficient undercarriage clearance to safely negotiate the crossing.

      (2)   A person who is driving a vehicle and who approaches a railroad grade crossing shall not proceed as long as any of the circumstances described in divisions (a)(1)A. to F. of this section exist at the crossing.

   (b)   No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed unless the person is signaled by a law enforcement officer or flagperson that it is permissible to do so.

   (c)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(ORC 4511.62)