1.1                          A bill for an act 
  1.2             relating to traffic regulations; requiring vehicles to 
  1.3             wait at railroad crossings until roadway is clear; 
  1.4             amending Minnesota Statutes 2002, section 169.26, 
  1.5             subdivision 1; Minnesota Statutes 2003 Supplement, 
  1.6             section 169.28, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 169.26, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [REQUIREMENTS.] (a) Except as provided in 
  1.11  section 169.28, subdivision 1, when any person driving a vehicle 
  1.12  approaches a railroad grade crossing under any of the 
  1.13  circumstances stated in this paragraph, the driver shall stop 
  1.14  the vehicle not less than ten feet from the nearest railroad 
  1.15  track and shall not proceed until safe to do so and until the 
  1.16  roadway is clear of traffic so that the vehicle can proceed 
  1.17  without stopping until the rear of the vehicle is at least ten 
  1.18  feet past the farthest railroad track.  These requirements apply 
  1.19  when: 
  1.20     (1) a clearly visible electric or mechanical signal device 
  1.21  warns of the immediate approach of a railroad train; or 
  1.22     (2) an approaching railroad train is plainly visible and is 
  1.23  in hazardous proximity.  
  1.24     (b) The fact that a moving train approaching a railroad 
  1.25  grade crossing is visible from the crossing is prima facie 
  1.26  evidence that it is not safe to proceed. 
  2.1      (c) The driver of a vehicle shall stop and remain stopped 
  2.2   and not traverse the grade crossing when a human flagger signals 
  2.3   the approach or passage of a train or when a crossing gate is 
  2.4   lowered warning of the immediate approach or passage of a 
  2.5   railroad train.  No person may drive a vehicle past a flagger at 
  2.6   a railroad crossing until the flagger signals that the way is 
  2.7   clear to proceed or drive a vehicle past a lowered crossing gate.
  2.8      Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.9   169.28, subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
  2.11  motor vehicle carrying passengers for hire, or of any school bus 
  2.12  whether carrying passengers or not, or of any Head Start bus 
  2.13  whether carrying passengers or not, or of any vehicle that is 
  2.14  required to stop at railroad grade crossings under Code of 
  2.15  Federal Regulations, title 49, section 392.10, before crossing 
  2.16  at grade any track or tracks of a railroad, shall stop the 
  2.17  vehicle not less than 15 feet nor more than 50 feet from the 
  2.18  nearest rail of the railroad and while so stopped shall listen 
  2.19  and look in both directions along the track for any approaching 
  2.20  train, and for signals indicating the approach of a train, 
  2.21  except as hereinafter provided, and shall not proceed until safe 
  2.22  to do so and until the roadway is clear of traffic so that the 
  2.23  vehicle can proceed without stopping until the rear of the 
  2.24  vehicle is at least ten feet past the farthest railroad track.  
  2.25  The driver must not shift gears while crossing the railroad 
  2.26  tracks.  
  2.27     (b) A school bus or Head Start bus shall not be flagged 
  2.28  across railroad grade crossings except at those railroad grade 
  2.29  crossings that the local school administrative officer may 
  2.30  designate. 
  2.31     (c) A type III school bus, as defined in section 169.01, is 
  2.32  exempt from the requirement of school buses to stop at railroad 
  2.33  grade crossings.