1. I. In addition to the penalties in RSA 265:52, a person is disqualified from driving a commercial motor vehicle for the period of time specified in paragraph II if he or she is convicted of one of the following offenses at a railroad grade crossing while operating a commercial motor vehicle in violation of a federal, state, or local law or regulation:

   1. (a) For commercial drivers who are not required to stop at all railroad grade crossings, failing to slow down and check that the tracks are clear of an approaching train.
   2. (b) For commercial drivers who are not required to stop at all railroad grade crossings, failing to stop before reaching the crossing, if the tracks are not clear.
   3. (c) For commercial drivers who are required to stop at all railroad grade crossings, failing to stop before driving onto the crossing.
   4. (d) For all commercial drivers, failing to have sufficient space to drive completely through the crossing without stopping.
   5. (e) For all commercial drivers, failing to obey a traffic control device or the directions of a law enforcement officer at the crossing.
   6. (f) For all commercial drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.

2. II. A person is disqualified from driving a commercial motor vehicle for a period of:

   1. (a) Not less than 60 days if the driver is convicted of or is found to have committed a first offense of a railroad grade crossing violation.
   2. (b) Not less than 120 days if the driver is convicted of a second railroad grade crossing violation in separate incidents within a 3-year period.
   3. (c) Not less that one year if the driver is convicted of a third or subsequent railroad grade crossing violation in separate incidents within a 3-year period.

Source. 2010, 95:5, eff. Jan. 1, 2011.