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Minnesota Legislature

Office of the Revisor of Statutes

SF 1407

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 03:10pm

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 2018,
sections 169.26, subdivisions 1, 4; 169.28; 169.29.

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

Section 1.

Minnesota Statutes 2018, 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 trainnew text begin or other on-track equipmentnew text end; or

(2) an approaching railroad train new text beginor other on-track equipment new text endis plainly visible and is in
hazardous proximity.

(b) The fact that a moving new text beginrailroad new text endtrain new text beginor other on-track equipment new text endapproaching 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 new text begin(1) new text enda human flagger signals the approach or passage of a new text beginrailroad new text endtrain new text beginor
other on-track equipment
new text endor deleted text beginwhendeleted text end new text begin(2) new text enda crossing gate is lowered warning of the immediate
approach or passage of a railroad trainnew text begin or other on-track equipmentnew text end. 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. 2.

Minnesota Statutes 2018, section 169.26, subdivision 4, is amended to read:


Subd. 4.

Pedestrians; penalty.

(a) A pedestrian shall not pass through, around, over,
or under any crossing gate or barrier at a railroad grade crossing while the gate or barrier
is closed or is being opened or closed.

(b) A pedestrian shall not enter, remain upon, or traverse over a railroad track, grade
crossing, or pedestrian walkway crossing a railroad track when an audible bell or clearly
visible electric or mechanical signal device is operational and warning of the presence,
approach, passage, or departure of a railroad trainnew text begin or other on-track equipmentnew text end.

(c) A person who violates this subdivision is subject to a fine of up to $100.

Sec. 3.

Minnesota Statutes 2018, 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 approaching new text beginrailroad new text endtrainnew text begin or other on-track
equipment
new text end, and for signals indicating the approach of a new text beginrailroad new text endtrainnew text begin or other on-track
equipment
new text end, except as deleted text beginhereinafterdeleted text end new text beginotherwise new text endprovideddeleted text begin, and shalldeleted text endnew text begin in this section. The driver
must
new text end 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 new text beginrailroad new text endtrains 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 end A new text beginrailroad new text endtrainnew text begin or other on-track equipmentnew text end 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 the new text beginrailroad new text endtrain 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 2018, 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 approaching new text beginrailroad new text endtrain new text beginor other on-track equipment
new text end and for signals indicating the approach of a new text beginrailroad new text endtrainnew text begin or other on-track equipmentnew text end, 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 trainnew text begin or other on-track
equipment
new text end or car.

(d) deleted text beginNodeleted text endnew text begin Anew text end stop deleted text beginneed be madedeleted text endnew text begin is not requirednew text end 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.