---
title: O.C.G.A. § 46-8-197. Legal responsibility of member of train crew, yard crew, or engine crew for occupying or blocking street, road, or highway grade crossing pursuant to employer’s order.
collection: code
id: 46-8-197
cite_as: O.C.G.A. § 46-8-197 (2025)
canonical_url: https://georgiacommons.org/code/46-8-197
md_url: https://georgiacommons.org/code/46-8-197.md
text_url: https://georgiacommons.org/code/46-8-197/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t46-(v34)-2025-pdf.pdf?sfvrsn=48adb3c4_0#page=726
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/46-8.md
previous: https://georgiacommons.org/code/46-8-196.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / RAILROAD COMPANIES / OPERATION OF TRAINS GENERALLY / OPERATION OF TRAINS AT CROSSINGS
---

# O.C.G.A. § 46-8-197. Legal responsibility of member of train crew, yard crew, or engine crew for occupying or blocking street, road, or highway grade crossing pursuant to employer’s order.

No member of a train crew, yard crew, or engine crew of a railroad common carrier shall be held personally responsible under, or found guilty of violating, any state laws or municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road, or highway grade crossing by engines or passenger or freight cars, upon reasonable proof by the crew member that the occupying or blocking of the grade crossing was necessary to comply with the orders or instructions, either written or oral, of his employer or of the officers or supervisory officials of the company owning the railroad over which the engine or cars are operated; provided, however, that this Code section shall not relieve the employer or railroad company from any responsibility placed upon such employee or railroad company by any such state laws or municipal ordinances.

## History

Ga. L. 1965, p. 645, § 1.

## Law Reviews

For article, “Commercial Transportation,” see 74 Mercer L. Rev. 51 (2022).