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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 229-H.F.No. 2217 
                  An act relating to traffic regulations; requiring 
                  vehicles to wait at railroad crossings until roadway 
                  is clear; amending Minnesota Statutes 2002, section 
                  169.26, subdivision 1; Minnesota Statutes 2003 
                  Supplement, section 169.28, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, 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 moving 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 a 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. 2.  Minnesota Statutes 2003 Supplement, section 
        169.28, subdivision 1, is amended to read: 
           Subdivision 1.  [STOP REQUIRED.] (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 
        train, and for signals indicating the approach of a train, 
        except as hereinafter provided, 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.  
        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 school bus, as defined in section 169.01, is 
        exempt from the requirement of school buses to stop at railroad 
        grade crossings. 
           Presented to the governor May 15, 2004 
           Signed by the governor May 19, 2004, 1:30 p.m.