HF 4087

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:56pm

A bill for an act
relating to railroads; clarifying clearance requirements for certain carriers; amending
Minnesota Statutes 2022, section 219.46, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 219.46, subdivision 1, is amended to read:

Subdivision 1.

Structure.

(a) On and after April 16, 1913, it is unlawful for a common
carrier or any other person, on a standard gauge road on its line or a standard gauge sidetrack,
for use in any traffic mentioned in section 219.45:

(1) to erect or reconstruct and maintain an adjoining warehouse, coal chute, stock pen,
pole, mail crane, standpipe, hog drencher, or any permanent or fixed structure or obstruction
within eight feet of the centerline of the track or sidetrack;

(2) in excavating, to allow an adjoining embankment of earth or natural rock to remain
within eight feet of the centerline of the track or sidetrack; or

(3) to erect or reconstruct overhead wires, bridges, viaducts or other obstructions passing
over or above its tracks at a height less than 21 feet, measured from the top of the track rail.

(b) If after May 1, 1943, overhead structures or platforms or structures designed only
to be used in the loading or unloading of cars are rebuilt or remodeled, then these overhead
structures must be built with an overhead clearance of not less than 22 feet from the top of
the rail. These structures or platforms must be built with a side clearance of not less than
8-1/2 feet from the centerline of the track unless by order the commissioner may provide
otherwise.

(c) Sections 219.45 to 219.53 do not apply to new text begin : (1) new text end yards and terminals of depot companies new text begin ; new text end
or new text begin (2) new text end railway companies used only for passenger service. If personal injury is sustained by
an employee of a depot company or railway company used only for passenger service, by
reason of noncompliance with sections 219.45 to 219.53, that employee, or in case of the
employee's death, the personal representative, has the rights, privileges, and immunities
enumerated in section 219.53.

(d) On and after May 1, 1943, it is unlawful for a common carrier or any other person,
on a standard gauge road on its line or a standard gauge sidetrack or spur, for use in any
traffic mentioned in section 219.45:

(1) to erect or construct and maintain an adjoining warehouse, coal chute, stock pen,
pole, mail crane, standpipe, hog drencher, or any permanent or fixed structure or obstruction
within 8-1/2 feet of the centerline of the track;

(2) in excavating, to allow an adjoining embankment of earth or natural rock to remain
within 8-1/2 feet of the centerline of the track or sidetrack; or

(3) to erect or construct overhead wires, bridges, viaducts, or other obstructions passing
over or above its tracks at a height less than 22 feet, measured from the top of the track rail.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end