(A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks unless the person:
- (1) is an employee of the railroad which owns the right-of-way in the performance of his duties;
- (2) has authority from the railroad which owns the right-of-way;
- (3) is using a public or private roadway which crosses over the railroad at an established grade crossing;
- (4) is acting in an official capacity with the military, police force, a fire fighting organization, or some similar public authority and must enter onto the railroad right-of-way to carry out his or her responsibilities; or
- (5) is an employee of a public utility or telecommunications carrier, or of the forestry industry, and must enter onto the railroad right-of-way to carry out his responsibilities.
- (B) For the purposes of this section, the term "vehicle" includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.
- (C) A person violating the provisions of this section, upon conviction, shall pay a fine of not more than two hundred dollars or serve a term of imprisonment for not more than thirty days.
HISTORY: 1988 Act No. 542, eff May 17, 1988.