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Delaware Code Title 21. Motor Vehicles § 4163. Certain vehicles must stop at all railroad grade crossings

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) Except as provided by subsection (b) of this section, the driver of any motor vehicle carrying passengers for hire or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at any grade or any track of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while stopped, shall listen and look in both directions along such track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment, and may not proceed until the driver can do so safely.  After stopping as required by this subsection, and upon proceeding when it is safe to do so, the driver of any vehicle referenced in this subsection shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver may not shift gears while crossing the track.

(b) Subsection (a) of this section does not apply at any of the following:

(1) A railroad grade crossing at which traffic is controlled by a police officer or human flagger.

(2) A railroad grade crossing at which traffic is regulated by a traffic-control signal.

(3) A railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train or other on-track equipment.

(4) A railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply.

(c) Except as provided by subsection (d) of this section, the driver of any school bus, before crossing at any grade or any track of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while stopped, shall listen and look in both directions along such track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment, and may not proceed until the driver can do so safely.  After stopping as required by this subsection, and upon proceeding when it is safe to do so, the driver of any school bus may cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver may not shift gears while crossing the track.

(d) Subsection (c) of this section shall not apply at any of the following:

(1) A railroad grade crossing at which traffic is controlled by a police officer or human flagger.

(2) A railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply.

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Cite this article: FindLaw.com - Delaware Code Title 21. Motor Vehicles § 4163. Certain vehicles must stop at all railroad grade crossings - last updated January 01, 2026 | https://codes.findlaw.com/de/title-21-motor-vehicles/de-code-sect-21-4163/

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