Legal Question in Traffic Law in Florida

I drive a small bus/van for a retirement community. It is my job. Today I was stopped and cited because I did not come to a complete stop at a railroad crossing. Our bus does not have a sign on the back that says we stop for railroad crossings. In fact, I never knew this was the law - or is it? Do all private busses or vans have to stop at railroad crossings even though the passengers are not paying a fee to get on the bus and I am not hired on a per diem basis? The Fl statute is 316-159 but the wording is not specific and does not tell you precisely what vehicles are exempted. Please help if you can because I need my job and I was really caught by surprise with this ticket. I have always slowed down at railroad crossings. I don't completely stop unless the lights start flashing and the gates go down.


Asked on 7/20/11, 7:31 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

If you were paid to drive people then you are required to stop. The statute mentions that. Unfortunately, ignorance of the law is not an excuse. That said, the judge may be sympathetic and lessen the fine or more importantly keep the points off. It would be advisable to get an attorney.

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Answered on 7/25/11, 6:32 pm


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