Virginia Heavy Equipment Railroad Crossing Ticket: Fines, Points & Rules for Slow or Low Equipment

You're moving a bulldozer between job sites, or hauling a low-slung lowboy trailer with a paver on it, and the route crosses a set of railroad tracks on a county road. It looks clear, so you ease across. If a deputy sees it — or worse, if the trailer high-centers on the tracks — you could be facing a ticket under one of Virginia's least-known traffic laws.

Virginia has a specific rule for slow-moving and low-clearance equipment at railroad crossings. It requires advance notice to the railroad, a full stop, and a careful look and listen before crossing. A violation carries a fine and the same 4 DMV demerit points as running a red light, and a stuck piece of equipment on the tracks can turn into a catastrophe in seconds.

This guide covers what the law requires, the fines and points, how a conviction can affect insurance, and what to do if you've been cited.

What Is a Heavy Equipment Railroad Crossing Violation in Virginia?

Va. Code § 46.2-887 applies everywhere in Virginia except in cities or towns. It covers moving any of the following on or across tracks at a railroad grade crossing:

• Crawler-type tractors, steam shovels, derricks, and rollers

• Any equipment or structure with a normal operating speed of 10 mph or less

• Any equipment or structure with a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles — or, in any event, less than nine inches above the level roadway surface

Before crossing with that kind of equipment, the law requires you to:

1. Give notice to the railroad. Notify a station agent of the railroad of the intended crossing and allow a reasonable time for the railroad to provide protection at the crossing.

2. Stop at the right distance. Stop not less than 15 feet nor more than 50 feet from the nearest rail.

3. Look and listen. While stopped, look and listen in both directions for an approaching train and for signals, and don't proceed until the crossing can be made safely.

4. Never cross against a warning. No crossing may be made when an automatic signal, crossing gate, flagman, or other warning shows a train is approaching.

5. Follow the flagman. If the railroad provides a flagman, the move must be made under the flagman's direction.

The rule exists because slow equipment takes much longer to clear the tracks, and low-clearance trailers can hang up on raised crossings. Our guides to farm equipment road safety and towing and trailer laws cover related rules for slow and oversized loads.

Fines & DMV Demerit Points

Section 46.2-887 doesn't set its own penalty, so a violation is a traffic infraction under § 46.2-113, punishable by a fine of up to $250 plus court costs.

Virginia DMV lists "Improper operation of crawler-type tractor over railroad crossing" as a 4-point violation that stays on your driving record for 3 years. The points count against your balance for two years from the offense date. See our guide to Virginia demerit points for how points add up toward DMV action.

Extra exposure for CDL holders

If you were operating a commercial motor vehicle — for example, a truck hauling the equipment on a lowboy — a railroad crossing conviction can also trigger a mandatory CDL disqualification under § 46.2-341.20:1: 60 days for a first offense, 120 days for a second within three years, and one year for a third. Read more in our post on CDL railroad crossing violations.

How It Affects Car Insurance

A 4-point moving violation can show up when your personal auto insurer reviews your Virginia driving record at renewal, and some insurers may raise your rate for it. If you operate equipment for an employer, the bigger concern may be your employer's commercial or fleet policy: insurers and risk managers often review operators' records, and a railroad crossing violation is a safety red flag.

For contractors and farm operators, a crossing incident can also raise liability questions far beyond the ticket if equipment damages the crossing or delays a train. Our guide to insurance points vs. DMV points explains how insurers read your record.

What to Do After a Heavy Equipment Railroad Crossing Ticket

1. Contest the ticket if the facts support it. Section 46.2-887 doesn't apply inside cities or towns, and it only covers equipment that meets the speed or clearance thresholds. If either point is in doubt, gather photos, equipment specs, and any record of notice you gave the railroad, and consider talking with a Virginia traffic attorney.

2. Pay if you choose not to contest. Prepaying a traffic infraction counts as a conviction, so the 4 points will post to your record. Pay by the deadline on the summons to avoid a license suspension for nonpayment.

3. Take the driver improvement course. Completing a Virginia DMV-approved 8-hour driver improvement course voluntarily earns 5 safe driving points, which can help offset the demerit points. If a judge offers the course in exchange for a reduced charge or dismissal, ask how it will be reported and choose the matching course code.

4. Monitor your record. Confirm the conviction and points posted correctly and note when they expire. Before the next move, plan crossings ahead of time — the blue Emergency Notification System sign posted at each crossing lists the railroad's phone number and the crossing's ID number.

When you register, you'll choose the reason you're taking the course. Pick the code that matches your situation so your completion is reported correctly:

Frequently Asked Questions

How many points is a heavy equipment railroad crossing ticket in Virginia?

Virginia DMV assesses 4 demerit points for improper operation of a crawler-type tractor or similar equipment over a railroad crossing. The conviction stays on your driving record for 3 years.

What equipment does Virginia's § 46.2-887 cover?

Crawler-type tractors, steam shovels, derricks, rollers, and any equipment with a normal operating speed of 10 mph or less or a low vertical clearance — less than one-half inch per foot between adjacent axles, or less than nine inches in any event.

Do I really have to call the railroad before crossing?

Yes, outside cities and towns. Section 46.2-887 requires notice to a station agent of the railroad and a reasonable time for the railroad to provide protection before the crossing. For general crossing rules, see our guide to Virginia railroad crossing safety rules.

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This article is general information, not legal advice. Laws change; check the current Code of Virginia or talk with a Virginia traffic attorney about your specific case.