Pedestrian crossing violation? Railroad tracks?

[JerseyRR]

Hi,

I was recently given a ticket for "pedestrian crossing violation" by a NJ transit officer, I'm accused of ducking the warning gate at a RR grade crossing (there was a train stopped on the tracks at the time). The statute on the ticket is 39:4-32. Crossing roadway; signals On highways where traffic at intersections is controlled by a traffic control signal or by traffic or police officers, pedestrians shall not cross a roadway against the "stop" signal unless otherwise specifically directed to go by a traffic or police officer, or official traffic control device. A pedestrian crossing or starting across the intersection on a "Go" signal shall have the right of way over all vehicles, including those making turns, until he has reached the opposite curb or place of safety, and no operator of a vehicle shall fail to yield the right of way to him.

The statutes define a "roadway" as ordinarily used for vehicular travel and a "vehicle" as any device used for transportation with a few exceptions...including devices used exclusively upon stationary rails.

Am I missing something here? It sounds like crossing the tracks while the gates are down isn't illegal (on foot, that is - there's a different statute that forbids driving around the gates). I have to assume the police aren't passing out tickets for something that is just plain legal - and I'd rather not embarrass myself in court!

Thank you in advance,
-Rob

[Eagle]

Well, if the RR gate is considered a "stop" signal then this statute applies to you.

I see those transit cops all the time waiting at RR crossings. I think since the state is broke they need to raise revenue any way they can.

[JerseyRR]

Thanks for the reply.

So the railroad tracks are considered a roadway? or does that not matter?

39:4-127.1 (statute that prohibits driving around a RR gate): A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

That's the only reference I could find to the gate, and it's referred to as a warning - would that matter? or am I hosed?

Thanks again.

[JerseyRR]

Well, if the RR gate is considered a "stop" signal then this statute applies to you.

I see those transit cops all the time waiting at RR crossings. I think since the state is broke they need to raise revenue any way they can.

In case you were curious - I went to court today and lost ($133 instead of $54 - should have kept my mouth shut).

Anyhow - the judge listened to my argument and said in the interest of public safety he was "illogically" expanding the statute to include railroad tracks (since the gates block the roadway as well as the sidewalk - he decided the roadway included the sidewalk - even though it's specifically excluded by the statute). The judge was very nice, and so was the cop...but that prosecutor was quite the sourpuss.

The cop even talked to me afterward and said he thought I was going to win. I said that I still believed I was right - he smiled and said "you can always appeal it" (apparently that costs $500 - we both knew I wasn't appealing anything).

Oh well.