Various rules apply to offences at rail crossings

Eric Lai

SPECIAL TO THE STAR

Q: While it's common sense that you don't start crossing railway tracks unless there's room on the other side for your vehicle to clear (as demonstrated by a recent truck/train collision in Toronto), is this actually the law?

A: Ontario Transportation Ministry spokesperson Emna Dhahak replies:

All new drivers are instructed in the official MTO Driver's Handbook to ensure they have enough room to safely clear the railway tracks before they begin crossing.

While there is no specific offence in the Highway Traffic Act prohibiting a driver from proceeding onto a railway crossing when the way isn't clear, the tracks, pavement markings and crossing signs are a warning of danger, and common sense dictates that entering a railway crossing when vehicles are stopped or could be stopping ahead is a risk.

However, if the warning lights, bells or gates had activated and the driver continued into the crossing regardless, they could be charged with disobeying a railway crossing signal or gate under Sections 163 and 164 of the act.

Sgt. Tim Burrows of Toronto Police Traffic Services replies:

If a driver enters a railway crossing even though there's insufficient room on the other side for their vehicle to completely clear the tracks, I'd charge them with "careless driving" under Section 130 of the Highway Traffic Act and, if a "Do not stop on tracks" sign is posted, then "disobey sign" under Section. 182(2), as well.

And in my opinion, a careless driving charge (that is, driving without due care and attention or without reasonable consideration for other road users) would be warranted.

Eric Lai adds:

Under Section 174 of the Highway Traffic Act, drivers of school buses and public vehicles, such as transit buses, are required to stop, look and listen for an approaching train at all unprotected railway crossings. However, most operators will exceed the legal requirement and follow these safety guidelines at all rail crossings whether or not equipped with warning devices.

U-TURN ILLEGAL AT TRACK: Section 143(b) of the provincial Highway Traffic Act prohibits drivers from making U-turns within 30 metres of a railway crossing, as measured from the nearest rail.

While this rule was likely intended to prevent collisions with other vehicles when no train was present, there is no such limitation in the law.

That means the next time you're stuck at a rail crossing waiting for a seemingly endless train to pass, you should think twice about making a U-turn to escape the impasse.

For the first half-dozen or so autos that are within 30 metres of either side of the crossing, this action is prohibited – at all times – and drivers could be charged with making an unlawful U-turn.

The penalty is $110, or $180 in a designated community safety zone, plus two demerit points.

Q: Why is police "crime scene" tape almost always upside down in news photos and videos?

A: Sgt. Tim Burrows of Toronto Police Traffic Services replies:

Funny enough, we recently had a crash scene cordoned off and, after an hour, our officers had to go around flipping the crime scene tape because a woman who tried to go under it said she couldn't read it upside down.

Apparently, the answer to the mystery of upside-down police tape is that Toronto Police buys left-handed tape since it's cheaper than right-handed tape.

As we likely have more right-handed officers than left, it often goes up backwards and upside down.

It just goes to show that even seemingly jobs, like putting up crime scene tape, have their challenges.

Email your non-mechanical questions

to Eric Lai at wheels@thestar.ca.

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