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Minnesota Legislature

Office of the Revisor of Statutes

HF 2921

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 03:57pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to transportation; amending certain requirements governing railroad
crossings to include on-track equipment; amending Minnesota Statutes 2016,
sections 169.011, subdivision 60; 169.26, subdivision 1; 169.28; 169.29.

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

Section 1.

Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:


Subd. 60.

Railroad train.

"Railroad train" means a steam engine, electric or other motor,
with or without cars coupled thereto, operated upon rails, except streetcars.new text begin Railroad train
includes on-track equipment or other rolling stock operated upon rails, whether self-propelled
or coupled to another device.
new text end

Sec. 2.

Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) Except as provided in section 169.28, subdivision 1,
when any person driving a vehicle approaches a railroad grade crossing under any of the
circumstances stated in this paragraph, the driver shall stop the vehicle not less than ten feet
from the nearest railroad track and shall not proceed until safe to do so and until the roadway
is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle
is at least ten feet past the farthest railroad track. These requirements apply when:

(1) a clearly visible electric or mechanical signal device warns of the immediate approach
of a railroad train; or

(2) an approaching railroad train is plainly visible and is in hazardous proximity.

(b) The fact that a movingnew text begin railroadnew text end train approaching a railroad grade crossing is visible
from the crossing is prima facie evidence that it is not safe to proceed.

(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade
crossing when a human flagger signals the approach or passage of anew text begin railroadnew text end train or when
a crossing gate is lowered warning of the immediate approach or passage of a railroad train.
No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals
that the way is clear to proceed or drive a vehicle past a lowered crossing gate.

Sec. 3.

Minnesota Statutes 2016, section 169.28, is amended to read:


169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.

Subdivision 1.

Requirements.

(a) The driver of any motor vehicle carrying passengers
for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle that is required to stop at railroad
grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing
at grade any track or tracks of a railroad, shall stop the vehicle not less than 15 feet nor more
than 50 feet from the nearest rail of the railroad and while so stopped shall listen and look
in both directions along the track for any approachingnew text begin railroadnew text end train, and for signals indicating
the approach of anew text begin railroadnew text end train, except as deleted text beginhereinafterdeleted text endnew text begin otherwisenew text end provideddeleted text begin, anddeleted text endnew text begin in this section.
The driver
new text end shall not proceed until safe to do so and until the roadway is clear of traffic so
that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet
past the farthest railroad track. The driver must not shift gears while crossing the railroad
tracks.

(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings
except at those railroad grade crossings that the local school administrative officer may
designate.

(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of
school buses to stop at railroad grade crossings.

(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle
track or tracks that are located in a public street when:

(1) the crossing occurs within the intersection of two or more public streets;

(2) the intersection is controlled by a traffic-control signal; and

(3) the intersection is marked with signs indicating to drivers that the requirements of
this subdivision do not apply. Notwithstanding any other provision of law, the owner or
operator of the track or tracks is authorized to place, maintain, and display the signs upon
and in the view of the public street or streets.

Subd. 2.

Exempt crossing.

(a) The commissioner may designate a crossing as an exempt
crossing:

(1) if the crossing is on a rail line on which service has been abandoned;

(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling
at speeds of ten miles per hour or less; or

(3) as agreed to by the operating railroad and the Department of Transportation, following
a diagnostic review of the crossing.

(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the
word "Exempt" that conform to section 169.06. The installation or presence of an exempt
sign does not relieve a driver of the duty to use due care.

new text begin (c) new text endAnew text begin railroadnew text end train must not proceed across an exempt crossing unless a police officer
is present to direct traffic or a railroad employee is on the ground to warn traffic until thenew text begin
railroad
new text end train enters the crossing.

deleted text begin (c)deleted text endnew text begin (d)new text end A vehicle that must stop at grade crossings under subdivision 1 is not required
to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad
employee.

Sec. 4.

Minnesota Statutes 2016, section 169.29, is amended to read:


169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.

(a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller,
or any equipment or structure having a normal operating speed of six or less miles per hour
or a vertical body or load clearance of less than nine inches above the level surface of a
roadway upon or across any tracks at a railroad grade crossing without first complying with
this section.

(b) Before making any crossing, the person operating or moving any vehicle or equipment
set forth in this section shall first stop the same not less than ten, nor more than 50, feet
from the nearest rail of the railway, and while so stopped shall listen and look in both
directions along the track for any approachingnew text begin railroadnew text end train and for signals indicating the
approach of anew text begin railroadnew text end train, and shall not proceed until the crossing can be made safely.

(c) No crossing shall be made when warning is given by automatic signal or crossing
gates or a flagger or otherwise of the immediate approach of a railroad train or car.

(d) No stop need be made at a crossing on a rail line on which service has been abandoned
and where a sign erected in conformance with section 169.06 and bearing the word "Exempt"
has been installed, unless directed otherwise by a flagger. The installation or presence of
an exempt sign shall not relieve any driver of the duty to use due care.