Montana Railroad Crossing Laws

How Montana handles grade crossings

Buses carrying seven or more for hire, school buses with or without passengers, and vehicles hauling explosives or flammable liquids must stop at every Montana grade crossing, not less than 15 feet from the nearest rail (Mont. Code Ann. 61-8-349); the federal 50-foot cap applies (49 CFR 392.10). Other trucks slow and check (49 CFR 392.11). The state fine runs $10 to $500 (61-8-711), but the real cost is the CDL disqualification stacked on top, 60 days and up (49 CFR 383.51).

Who stops, how far, and the CDL risk

• Who must stop: Placarded + buses
• Stop distance: Stop as close as practicable but not less than 15 feet from the nearest rail (Mont. Code Ann. 61-8-349). For the placarded and bus CMVs the federal 15-to-50-foot window governs (49 CFR 392.10). A school bus driver opens the door to look and listen.
• Clearance rule: Do not enter unless you can clear the whole crossing without stopping, and do not shift gears on the tracks (Mont. Code Ann. 61-8-349). Stay off a crossing where your undercarriage clearance is too low to make it across (Mont. Code Ann. 61-8-347).
• Fine & CDL disqualification: Montana treats it as a misdemeanor. Under the general traffic penalty (Mont. Code Ann. 61-8-711) the fine is $10 to $100 for a first conviction, $25 to $200 for a second within a year, and $50 to $500 for a third within a year. The FMCSA CDL disqualification stacks on top: 60 days first, 120 days for a second within 3 years, at least a year for a third (49 CFR 383.51).

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