Violation code392.10

§392.10

Railroad grade crossing violations

49 CFR §392.10

At a glance

Severity
5
OOS eligible
No
BASIC category
Unsafe Driving
Typical fine
$500–$5,000; first conviction = 60-day CDL disqualification under §383.51(d)

Drivers of certain CMVs (passenger-carrying, hazmat-placarded, cargo tank) must stop at every railroad grade crossing within 50 feet but no closer than 15 feet. Severity weight 5 — and a violation here is a §383.51 disqualifying offense.

§392.10 requires drivers of specific CMVs — every bus and motorcoach, every vehicle hauling placarded hazardous materials, every cargo tank — to stop within 50 feet but no closer than 15 feet of every railroad grade crossing, then proceed only after listening and looking. The bigger consequence isn't the BASIC weight: a railroad-crossing violation is a §383.51(d) "railroad-highway grade crossing offense" that triggers escalating CDL disqualification.

Severity weight + CDL disqualification

Severity weight 5 in the Unsafe Driving BASIC. More importantly, §383.51(d) disqualifies the driver:

  • 60 days for a first conviction
  • 120 days for a second conviction within 3 years
  • 1 year for a third within 3 years

The CDL disqualification flows to the carrier as a §391.15 disqualification — the driver cannot operate a CMV until the period elapses. Continued dispatch is auto-fail under §385.321(b)(8).

How to prevent it

  • Identify every required-stop driver on your roster (passenger, hazmat, cargo tank).
  • Cover §392.10 explicitly in orientation. Many drivers misremember the rule as "stop at every crossing" — it's selective.
  • Map the routes against state railroad-crossing inventories so dispatch knows which crossings the regulation covers.

How Roadworthy HQ helps

Roadworthy HQ tracks driver disqualification status; a §383.51(d) finding flips the driver to disqualified-for-dispatch and notifies the manager. The §391.15 record retains the finding and the date of restoration.

Related violations

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Track this and 800 other violations automatically.

Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights