Obedience to traffic control devices at railroad-highway grade crossings.

(1) A person cycling, walking, or driving a vehicle and approaching a railroad-highway grade crossing under any of the circumstances stated in this section must stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and may not proceed until the railroad tracks are clear and he or she can do so safely. This subsection applies when:

(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or railroad track equipment;

(b) A crossing gate is lowered or a law enforcement officer or a human flagger gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;

(c) An approaching railroad train or railroad track equipment emits an audible signal or the railroad train or railroad track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard; or

(d) An approaching railroad train or railroad track equipment is plainly visible and is in hazardous proximity to the railroad-highway grade crossing, regardless of the type of traffic control devices installed at the crossing.

(2) A person may not drive a vehicle through, around, or under any crossing gate or barrier at a railroad-highway grade crossing while the gate or barrier is closed or is being opened or closed.

(3) A person who violates this section commits a noncriminal traffic infraction, punishable pursuant to chapter 318 as:

(a) A pedestrian violation; or

(b) If the infraction resulted from the operation of a vehicle, as a moving violation.

1. For a first violation, the person must pay a fine of $500 or perform 25 hours of community service and shall have 6 points assessed against his or her driver license as set forth in s. 322.27(3)(d)7.

2. For a second or subsequent violation, the person must pay a fine of $1,000 and shall have an additional 6 points assessed against his or her driver license as set forth in s. 322.27(3)(d)7.