Failure of operator of commercial motor vehicle to slow down and check tracks; penalty. (1) A person commits the offense of failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment if the person

(a) Is operating a commercial motor vehicle that is not required by ORS 811.460 to stop before reaching a rail crossing;

(b) Is approaching a rail crossing at grade; and

(c) Fails to slow down and check that the tracks are clear of an approaching train or other on-track equipment before proceeding across the railroad tracks.

(2) The offense described in this section, failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment, is a Class B traffic violation. [2001 c.492 §7; 2017 c.176 §3]