Stopping at a Railroad Crossing (NJSA 39:4-127.1)

Section 39:4-127.1 of the New Jersey Annotated Statutes provides that a driver is required to stop between 15 and 50 feet from a railroad crossing when:

– A signal device gives warning of an approaching train;

– A crossing gate is lowered;

– A flagman signals the approach of a train;

– An approaching train emits an audible signal, if it is within 1,500 feet of the crossing and presents an immediate hazard because of its speed or nearness; or

– An approaching train is visible and is close enough to the crossing to present a hazard.

After stopping at the crossing under one of these circumstances, a driver cannot proceed until he can do so safety.

This statute also provides that “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.”

Fines and Penalties

A driver who violates NJSA 39:4-127.1 is subject to an $85 penalty. In addition, he or she will receive two points on his or her driving record. These points can stay on your record indefinitely, and subsequent offenses may add to your point total, though three points will be deducted for each year you go without a traffic violation or a license suspension. You can also have points deducted by participating in a Motor Vehicle Commission-approved defensive driving course, driver improvement program, or probationary driver program, though there are limits on how often these deductions can be taken.

Getting six points on your driving record in any three-year period will result in a $150 fine (plus $25 for each point beyond six), and having 12 points on your record at any time will result in your license being suspended.

Insurance Premiums

New Jersey auto insurers use a similar system of “insurance eligibility points,” which they use to determine how high your premium will be. A violation of NJSA 39:4-127.1 will get you two insurance points, and will affect your insurance rate for three years. Rack up too many points and companies may deem you uninsurable, meaning you will have to buy insurance through the more expensive New Jersey Personal Automobile Insurance Plan (NJPAIP).

A New Jersey Traffic Ticket Attorney Can Help

Dan Matrafajlo has years of experience as a New Jersey traffic ticket attorney helping central New Jersey drivers defend themselves when accused of traffic violations. He can help you, too. To find out how, call (908) 248-4404.





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