The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 351
RAILROADS

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F.S. 351.03

351.03 Railroad-highway grade-crossing warning signs and signals; audible warnings; exercise of reasonable care; blocking highways, roads, and streets during darkness.—

(1) Every railroad company shall exercise reasonable care for the safety of motorists whenever its track crosses a highway and shall be responsible for erecting and maintaining crossbuck grade-crossing warning signs in accordance with the uniform system of traffic control devices adopted pursuant to s. 316.0745. Such crossbuck signs shall be erected and maintained at all public or private railroad-highway grade crossings.

(2) Advance railroad warning signs and pavement markings shall be installed and maintained at public railroad-highway grade crossings in accordance with the uniform system of traffic control devices by the governmental entity having jurisdiction over or maintenance responsibility for the highway or street. All persons approaching a railroad-highway grade crossing shall exercise reasonable care for their own safety and for the safety of railroad train crews as well as for the safety of train or vehicle passengers.

(3) Except as provided in subsection (4), any railroad train approaching within 1,500 feet of a public railroad-highway grade crossing shall emit a signal audible for such distance.

(4)(a) The Department of Transportation and the Federal Railroad Administration may authorize a municipality or county to implement a whistle ban provided the following conditions are met:

1. A traffic operations system is implemented to secure railroad-highway grade crossings for the purpose of preventing vehicles from going around, under, or through lowered railroad gates.

2. The municipality or county has in effect an ordinance that unconditionally prohibits the sounding of railroad train horns and whistles during the hours of 10 p.m. and 6 a.m. at all public railroad-highway grade crossings within the municipality or county and where the municipality, county, or state has erected signs at the crossing announcing that railroad train horns and whistles may not be sounded during such hours. Signs so erected shall be in conformance with the uniform system of traffic control devices as specified in s. 316.0745.

(b) Upon final approval and verification by the department and the Federal Railroad Administration that such traffic operations system meets all state and federal safety and traffic regulations and that such railroad-highway grade crossings can be secured, the municipality or county may pass an ordinance prohibiting the sounding of audible warning devices by trains upon approaching such railroad-highway grade crossings between the hours of 10 p.m. and 6 a.m.

(5)(a) Whenever a railroad train engages in a switching operation or stops so as to block a public highway, street, or road at any time from one-half hour after sunset to one-half hour before sunrise, the crew of the railroad train shall cause to be placed a lighted fusee or other visual warning device in both directions from the railroad train upon or at the edge of the pavement of the highway, street, or road to warn approaching motorists of the railroad train blocking the highway, street, or road. However, this subsection does not apply to railroad-highway grade crossings at which there are automatic warning devices properly functioning or at which there is adequate lighting.

(b) A person who violates any provision of paragraph (a) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 34, ch. 1987, 1874; RS 2264; GS 2841; ch. 7940, 1919; RGS 4529; CGL 6592; s. 1, ch. 73-336; s. 52, ch. 76-31; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 1, 12, 14, ch. 82-90; s. 1, ch. 84-73; s. 39, ch. 86-243; ss. 2, 5, 6, ch. 92-192; s. 143, ch. 99-13.

F.S. 351.03 on Google Scholar

F.S. 351.03 on Casetext

Amendments to 351.03

Arrestable Offenses / Crimes under Fla. Stat. 351.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

S351.03 - NONMOVING TRAFFIC VIOL - FAIL GIVE VISUAL/WHISTLE TRAIN WARNING - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. ZILBA, v. CITY OF PORT CLINTON, OHIO,, 924 F. Supp. 2d 867 (N.D. Ohio 2013)

. . . Officer Cipiti issued Plaintiff a ticket pursuant to Port Clinton Ordinance § 351.03(n). . . . Port Clinton Codified Ordinance § 351.03(n), available at http://www. conwaygreene.com/PortClinton/lpext.dll . . . The citation stated Plaintiff violated § 351.03(n) and further provided: Instructions for Paying Parking . . . Port Clinton Codified Ordinances § 351.03(f), (n), available at http://www. conwaygreene.com/PortClinton . . . It stated Plaintiff violated § 351.03(n) by parking at a yellow curb, instructed Plaintiff to pay $20.00 . . .

UNITED STATES v. HARVEY,, 901 F. Supp. 2d 681 (N.D.W. Va. 2012)

. . . MCC § 351.03; see also W. Va.Code § 17A-3-15. . . . MCC § 351.03. . . . MCC § 351.03. . . . He testified he stopped the vehicle pursuant to Morgantown City Code Section 351.03. . . . Section 351.03 mirrors West Virginia Code Section 17A-3-15. . . . .

M. BIFULCO, v. PATIENT BUSINESS FINANCIAL SERVICES, INC., 39 So. 3d 1255 (Fla. 2010)

. . . .”); § 351.03(4)(c), Fla. . . .

LIBOY, LIBOY, v. A. ROGERO, ROGERO, CSX LLC., 363 F. Supp. 2d 1332 (M.D. Fla. 2005)

. . . At the outset, Florida Statute Section 351.03, in relevant part, sets a base line: (1) Every railroad . . . Stat. § 351.03(l)-(2). . . . Stat. § 351.03(1). . . . Stat. §§ 351.03, 316.171, 335.141. . . . Stat. 351.03(3). . . .

H. HISRICH, v. VOLVO CARS OF NORTH AMERICA, INC., 226 F.3d 445 (6th Cir. 2000)

. . . . § 2307.76 and the applicable jury instructions, 2 Ohio Jury INSTRUCTIONS §§ 351.03, 351.11 (2000), . . . See 2 Ohio JURY Instructions §§ 351.03, 351.11 (2000). . . .

FLORIDA EAST COAST RAILWAY COMPANY, v. MARTINEZ,, 761 F. Supp. 782 (M.D. Fla. 1991)

. . . . § 351.03(4)(a), which was enacted in 1984. . . . Thus, if § 351.03(4)(a) can be enforced, it can only be enforced by the state. . . . Section 351.03(4)(a) empowers counties and municipalities to enact ordinances regarding the sounding . . . enacted a whistle-blowing ordinance pursuant to § 351.03(4)(a). . . . Fla.Stat. § 351.03(4)(a) (1989). . . . .

SEABOARD COAST LINE RAILROAD COMPANY, v. LOUALLEN, R., 479 So. 2d 781 (Fla. Dist. Ct. App. 1985)

. . . failing to provide additional crossing protection and warnings other than that mandated by section 351.03 . . . white roadway markings showing “R X R,” in addition to the crossbucks and signs required by section 351.03 . . .

LERNER As v. SEABOARD COAST LINE RAILROAD COMPANY,, 594 F. Supp. 963 (S.D.N.Y. 1984)

. . . the Court also demonstrates that Seaboard was in compliance with another railroad safety provision, § 351.03 . . . Section 351.03 provides in relevant part: Grade crossing warning signs and signals; exercise of reasonable . . .

ST. LOUIS- SAN FRANCISCO RAILWAY COMPANY v. P. WHITE,, 369 So. 2d 1007 (Fla. Dist. Ct. App. 1979)

. . . not have been admitted over objection; 2) that the court’s instruction that a violation of Section 351.03 . . . in this case, the trial court stated that if the jury found that the Railroad had violated Section 351.03 . . . We hold that Section 351.03, Florida Statutes, was enacted to protect the motoring public from collisions . . . We have already held that the court may instruct that a violation of the statute (Section 351.03) is . . . Had the D.O.T. placed such crossing site warning signs, the crossbucks required by Section 351.03 would . . .

SEABOARD COAST LINE RAILROAD COMPANY, a a a v. L. GRIFFIS, a, 381 So. 2d 1063 (Fla. Dist. Ct. App. 1979)

. . . Seaboard contends that the crossbuck complied with its obligations under the law, Section 351.03, Florida . . .

X. TYNAN, v. SEABOARD COAST LINE RAILROAD COMPANY, a W. H., 254 So. 2d 209 (Fla. 1971)

. . . Section 351.03, F. S.A. . . .

R. McNULTY, v. ATLANTIC COAST LINE RAILROAD COMPANY, K. L., 199 So. 2d 706 (Fla. 1967)

. . . “It was proven that the crossbuck signs required by Florida Statutes § 351.03, F.S.A. was visible 400 . . . Section 351.03, F.S.A., or the signboard required by Section 320.46, F.S.1961, F.S.A. . . .

W. MARKHAM, v. HOLT,, 369 F.2d 940 (5th Cir. 1966)

. . . . § 351.03, F.S.A., provides that in all incorporated cities and towns the bell on an engine should be . . .

R. McNULTY, v. ATLANTIC COAST LINE RAILROAD CO. K. L., 198 So. 2d 876 (Fla. Dist. Ct. App. 1966)

. . . It was proven that the crossbuck signs required by Florida Statutes § 351.03, F.S.A. was visible 400 . . .

F. JONES, v. ATLANTIC COAST LINE RAILROAD COMPANY, a H. D., 117 So. 2d 234 (Fla. Dist. Ct. App. 1960)

. . . There are no speed restrictions divulged by the record unless Florida Statutes, § 351.03, F.S.A., which . . . show that the railroad was running through a traveled street, to-wit: DeSoto Avenue, and thus section 351.03 . . . Line train ran through DeSoto Avenue and was subject to the speed restrictions of Florida Statutes, § 351.03 . . . of Florida Statutes, in effect when this accident occurred, reads in part as follows: “ '351.03. * * . . . “Sec. 2264, Fla.Rev.St.1892, now sec. 351.03, Fla.St.1949, F.S.A., provides that * * * and their trains . . .

SEABOARD AIR LINE R. CO. v. BAILEY, 190 F.2d 812 (5th Cir. 1951)

. . . Sec. 2264, Fla.Rev.St.1892, now sec. 351.03, Fla.St.1949, F.S.A., provides that “In all incorporated . . .

ATLANTIC COAST LINE R. CO. v. HADLOCK, 180 F.2d 105 (5th Cir. 1950)

. . . Sects. 320.45, 320.46, and 351.03 provide for railway crossing signs. . . . The third cited section, 351.03, .requires the railroad company at .other highway crossings to erect . . . And the same reasoning seems applicable to Sec. 351.03, Florida Statutes Annotated, which provides that . . .

SCOTT M. LOFTIN JOHN W. MARTIN, v. ANGUS H. McGREGOR, 152 Fla. 813 (Fla. 1943)

. . . level and, at the time this accident occurred, was protected by the statutory cross arm signal (Section 351.03 . . .