Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 397-H.F.No. 404 
           An act relating to railroads; providing for 
          designation of exempt railroad grade crossings; 
          requiring stop signs at railroad grade crossings; 
          amending Minnesota Statutes 1986, sections 169.28; and 
          219.20. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 169.28, is 
amended to read:  
    169.28 [CERTAIN VEHICLES TO STOP AT RAILROADS.] 
    Subdivision 1.  [STOP REQUIRED.] The driver of any motor 
vehicle carrying passengers for hire, or of any school bus 
whether carrying passengers or not, or of any vehicle carrying 
explosive substances or flammable liquids, or liquid gas under 
pressure as a cargo or part of a cargo, before crossing at grade 
any track or tracks of a railroad, shall stop the vehicle not 
less than ten 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 train, and for signals indicating 
the approach of a train, except as hereinafter provided, and 
shall not proceed until safe to do so. 
    No stop need be made at any crossing where a police officer 
or a traffic-control signal directs traffic to proceed. 
    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.  
    This section shall not apply at street railway grade 
crossings within a business or residence district. 
    A school bus shall not be flagged across railroad grade 
crossings except at those railroad grade crossings that the 
local school administrative officer may designate.  
    Subd. 2.  [EXEMPT CROSSINGS.] The commissioner may 
designate a crossing as an exempt crossing if the crossing is: 
    (1) on a rail line on which service has been abandoned; or 
    (2) on a rail line that carries fewer than five trains each 
year, traveling at speeds of ten miles per hour or less. 
    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.  A 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 the train enters the crossing. 
    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. 2.  Minnesota Statutes 1986, section 219.20, is 
amended to read:  
    219.20 [STOP SIGNS.] 
    Subdivision 1.  [WHEN INSTALLATION REQUIRED; PROCEDURE.] At 
each grade crossing where, because of the dangers attendant upon 
its use, the reasonable protection of life and property makes it 
necessary for persons approaching the crossing to stop before 
crossing the railroad tracks, stop signs must be installed.  The 
commissioner may designate a crossing requiring this additional 
protection When the government entity responsible for a road 
that crosses a railroad track deems it necessary to install stop 
signs at that crossing, it shall petition the commissioner to 
order the installation of the stop signs.  The commissioner 
shall respond to the petition by investigating the conditions at 
the crossing to determine whether stop signs should be installed 
at the crossing.  On determining, after an investigation 
following a petition from a governmental agency or subdivision 
or on the commissioner's own motion, that stop signs should be 
installed at a crossing, the commissioner shall designate the 
crossing as a stop crossing and shall notify the railway company 
operating the railroad at the crossing of this designation.  
Within 30 days after notification, the railway company shall 
erect the uniform stop crossing signs in conspicuous places on 
each side of the crossing in accordance with the commissioner's 
order. 
    Subd. 2.  [STOPPING DISTANCES.] When a stop sign has been 
erected at a railroad crossing, the driver of a 
vehicle approaching a railroad crossing shall stop within 50 
feet, but not less than ten feet, from the nearest track of the 
crossing and shall proceed only upon exercising due care. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Approved June 4, 1987