In the presented situation, do you have the right to enter the level crossing?
Show the correct answer
Correct answer
NO
Explanation
In the video you are approaching a level crossing over an electrified line; the barriers on both sides of the road are just going up and are halfway between horizontal and vertical, and the signal at the crossing is showing a flashing red light. You are not allowed to drive onto the crossing. The answer is: no.
The Road Traffic Act prohibits a driver from driving around lowered barriers or half-barriers and from driving onto the crossing if they have started to come down or have not finished going up, and the Regulation on road signs and signals states that a flashing red signal or two alternately flashing red signals mean that you are not allowed to drive beyond the traffic lights or other device showing these signals. It does not matter whether the barriers are coming down or going up - as long as they are not fully raised and the red light is flashing, the crossing is closed, because the train may be just around the bend or another one may be coming from the other direction. You stop before the signal or the stop line, you do not go around vehicles waiting before the crossing, and you move off only when the barriers are upright and the signal has gone out.
Legal basis: Art. 28 para. 3 point 1 of the Road Traffic Act (Prawo o ruchu drogowym); § 98 para. 5 of the Regulation on road signs and signals