Wheels of Justice

Universal truths (and their exceptions)

There are a few things in life that are always true, no matter the facts or circumstances–things that nobody can argue or take issue with.  For example, nobody can dispute the fact that “fat people are harder to kidnap” or that “taking a laxative and a sleeping pill at the same time is always a bad idea.” As a result, I have come to view these items as being universally true.
     One of my favorite “universal truths” is that you can never assume anything. Anyone who has ever seen the film “The Bad News Bears” knows that when you assume something, you make an “ass out of you and me.”
While this may be true in many things, it is not always true when you are behind the wheel of your truck. 
     As many of you know, one of the goals of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce truck/tractor collisions by increasing the focus on highway-rail grade traffic safety. A “highway-rail grade crossing” occurs when a section of highway crosses a set of railroad tracks that are at the same level or grade. Crossings of this type are quite common and can exist on both public and private roads. Accordingly, the FMCSA has published a list of seven steps to take when approaching a “highway – rail grade crossing.”  The seven steps the FMCSA recommends are:
1.   Warn others that you are slowing down. One way to do this is to turn on your 4-way flashers. Also, consider using the pull-out lane if it is available.
2.   Prepare to stop. Turn off your fans and radio and roll down your windows. Locate your cell phone for emergency use and stop at least 15 feet, but not more than 50 feet, from nearest rail.
3.   Look and listen both ways.
4.   If it won’t fit, don’t commit. Trains can extend beyond the width of the rails, so make sure you have room for your vehicle and cargo overhang.
5. Look and listen both ways again.
6.   Cross the tracks with care. Always signal and pull back onto the road if you use a pull-out lane. Also, use the highest gear possible that will let you cross the tracks without shifting.
7.   Keep moving once you start rolling, even if the lights flash or the gates come down.
     I’d like to add an additional rule. If your vehicle stops on the tracks, ALWAYS assume a train is coming. You may not only save your life, but the lives of others. 


     Jim C. Klepper is president of Interstate Trucker Ltd., an organization that provides legal defense protection to commercial drivers. Jim is a lawyer who focuses on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking, and he holds his Commercial Drivers License.