1997 Minnesota Statutes

     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 Head Start 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. 

    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.  

    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. 

    HIST: (2720-213) 1937 c 464 s 63; Ex1937 c 38 s 1; 1961 c 29 s 
 1; 1969 c 146 s 2; 1982 c 444 s 1; 1986 c 444; 1987 c 397 s 1; 
 1994 c 603 s 3