When the train is disabled. When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations. When the train is in motion except while engaged in switching operations. When there is no vehicular traffic waiting to use the crossing. An employee is not guilty of a violation of this section if the employee s action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors.
Guilt is then with the railroad corporation.
Operators shall construct and maintain good, sufficient and safe crossings over any street traversed by their rails.