N.D. Cent. Code § 39-10-67
39-10-67. Moving heavy equipment at railroad grade crossing
39-10-67. Moving heavy equipment at railroad grade crossing
1.
No person may operate or move any crawler-type tractor, steam shovel, derrick, roller,
or any equipment or structure having a normal operating speed of ten or less miles
[16.09 or less kilometers] per hour or a vertical body or load clearance of less than
one-half inch per foot [12.7 millimeters] of the distance between any two adjacent
axles or in any event of less than nine inches [22.86 centimeters], measured above the
level surface of a roadway, upon or across any tracks at a railroad grade crossing
without first complying with this section.
2.
Before making any such crossing, the person operating or moving any such vehicle or
equipment shall first stop the same not less than fifteen feet [4.57 meters] nor more
than fifty feet [15.24 meters] from the nearest rail of such railroad and while so stopped
shall listen and look in both directions along such track for any approaching train and
for signals indicating the approach of a train, and may not proceed until the crossing
can be made safely.
3.
No such crossing may be made when warning is given by automatic signal or crossing
gates or a flagman or otherwise of the immediate approach of a railroad train or car. If
a flagman is provided by the railroad, movement over the crossing must be under the
flagman's direction.