2002 Minnesota Statutes

CHAPTER 219. Railroad safety and employment

     219.01 Track safety standards. 

    The track safety standards of the United States Department 
 of Transportation and Federal Railroad Administration apply to 
 railroad trackage and are the standards for the determination of 
 unsafe trackage within the state.  

    HIST: (4728) RL s 1992; 1980 c 460 s 7; 1985 c 265 art 4 s 1 

  219.02 Repealed, 1980 c 460 s 32 

  219.03 Repealed, 1980 c 460 s 32 

  219.04 Repealed, 1980 c 460 s 32 

  219.05 Repealed, 1980 c 460 s 32 

GRADE CROSSINGS

     219.06 Signs at crossings. 

    A railroad company shall maintain, wherever its lines cross 
 a public road, a proper and conspicuous sign indicating the 
 crossing.  A railroad company failing to comply with this 
 section shall forfeit to the town or municipality having charge 
 of the road $10 for each day the failure continues.  

    HIST: (4733) RL s 1994; 1985 c 265 art 4 s 1 

  219.07 Repealed, 1980 c 460 s 32 

     219.071 Maintenance of grade-crossing surfaces. 

    Subdivision 1.    Standards.  It is the primary 
 responsibility of the owner or lessee of railroad track to keep 
 grade-crossing surfaces over public highways safe and passable 
 for vehicular traffic in a manner consistent with appropriate 
 federal track safety standards.  The surfaces must extend the 
 full width of the public highway within the railroad track 
 structure.  

    Subd. 2.    Payment of costs.  If a grade-crossing 
 surface, as defined in section 219.16, needs improvement, repair 
 or maintenance, the cost for the improvement, repair or 
 maintenance may be paid jointly by the owner or lessee of the 
 track, the road authority having jurisdiction over the public 
 highway involved and funds available to the department for 
 grade-crossing surfaces from the following sources:  

    (1) money appropriated to the department in the future for 
 the purposes of this section; 

    (2) available federal funds allocated for the 
 grade-crossing program established by this section; and 

    (3) money acquired by the department by gift, grant, or 
 contribution from any source for purposes of this section.  

    Subd. 3.    Cost allocation agreement.  If the owner or 
 lessee of the railroad track and the road authority having 
 jurisdiction over the public highway involved agree upon the 
 allocation of the cost of repair or maintenance of the 
 grade-crossing surface, a copy of the agreement must be filed 
 with the commissioner.  If the parties to the negotiations 
 contemplate using funds described in subdivision 2, either party 
 shall notify the commissioner before the conclusion of 
 negotiations and the department may participate in the 
 negotiations and may be a party to the agreement and participate 
 in the costs incurred subsequent to agreement.  

    Subd. 4.    Commissioner determination.  (a) If the 
 owner or lessee of the railroad track and the road authority 
 having jurisdiction over the public highway at the grade 
 crossing cannot reach an agreement under subdivision 3 regarding 
 repair or maintenance of a grade-crossing surface, either party 
 may invoke the jurisdiction of the department by (1) filing with 
 the commissioner a statement setting forth the status of 
 negotiations and (2) requesting the commissioner to make a final 
 determination of the dispute. 

    (b) The commissioner, after notifying in writing the 
 parties involved in the negotiations and providing an 
 opportunity for the parties to participate in a conference, may 
 order the repair or maintenance of the grade-crossing surface 
 within a reasonable time as needed to comply with the standards 
 set forth in subdivision 1. 

    (c) The order of the commissioner, in addition to enforcing 
 the responsibility of the owner or lessee of the railroad track 
 in question, may provide for participation in the costs of the 
 project (1) by the road authority, (2) from the funds available 
 to the department in subdivision 2, or (3) through other 
 formulas as may be practical and reasonable under the 
 circumstances. 

    (d) A party failing to comply with an order of the 
 commissioner is subject to a penalty of $50 for each day of 
 noncompliance, to be recovered for the state in a civil action 
 instituted by the department.  Each day of noncompliance 
 constitutes a separate offense.  

    Subd. 5.    Appeal.  A party subject to an order issued 
 under subdivision 4 may appeal the order of the commissioner to 
 the district court of the county in which the grade crossing is 
 located.  In case of appeal, the same proceedings must be 
 conducted as are now provided by law for an appeal from orders 
 of the commissioner.  Orders of the commissioner must be 
 enforced by the attorney general. 

    HIST: 1980 c 460 s 8; 1985 c 265 art 4 s 1; 1989 c 299 s 3 

     219.072 Establishment of new grade crossings. 

    The establishment of all new grade crossings must be 
 approved by the commissioner.  When establishment of a new grade 
 crossing is desired, either by the public officials having the 
 necessary authority or by the railroad company, and the public 
 officials and the railroad company cannot agree as to need, 
 location, or type of warning devices required, either party may 
 file a petition with the commissioner setting forth the facts 
 and submitting the matter for determination.  The commissioner, 
 after notice as the commissioner deems reasonable, shall conduct 
 a hearing and issue an order determining the matters submitted.  
 If the commissioner approves the establishment of a new grade 
 crossing, the commissioner may in the same order direct that the 
 costs, including the costs of the type of warning devices 
 required, be divided between the railroad company and the public 
 authority involved as the parties may agree, or, if they fail to 
 agree, then as determined by the commissioner on the basis of 
 benefit to the users of each.  However, the commissioner may 
 defer determination of the division of costs to a subsequent 
 order to be made on the basis of evidence previously taken.  

    HIST: 1980 c 460 s 9; 1985 c 265 art 4 s 1; 1986 c 444; 1989 c 
 299 s 4 

     219.073 Commissioner's rules on grade crossings. 

    In accordance with chapter 14, the commissioner of 
 transportation shall adopt rules by December 1, 1991, that 
 contain standards governing the establishment, vacation, 
 relocation, consolidation, and separation of grades at public 
 grade crossings.  In adopting standards, the commissioner shall 
 consider that the number of grade crossings in this state should 
 be reduced and that public safety will be enhanced by reducing 
 the number of grade crossings.  

    HIST: 1990 c 468 s 4 

     219.074 Grade crossing change, vacation. 

    Subdivision 1.    Agreement; hearing.  Public officials 
 having the necessary authority and a railway company operating 
 the railroad may agree to the vacation, relocation, 
 consolidation, or separation of grades at grade crossings.  If 
 agreement cannot be reached concerning the location, manner of 
 construction, or a reasonable division of expense, either party 
 may file a petition with the commissioner, setting forth the 
 facts and submitting the matter to it for determination.  The 
 commissioner shall then conduct a hearing under chapter 14 and 
 shall apply the rules developed under section 219.073 in coming 
 to a determination.  The commissioner may also bring matters 
 concerning vacation, relocation, consolidation, or separation of 
 grades at public grade crossings to the commissioner for 
 determination.  If the commissioner determines that the 
 vacation, relocation, consolidation, or separation is consistent 
 with the standards adopted under section 219.073, the 
 commissioner may order the crossing vacated, relocated, 
 consolidated, or separated.  

    Subd. 2.    Crossing vacation program.  On or before 
 July 1, 1992, and on or before July 1 of each of the next four 
 years, and as necessary afterward, the commissioner shall 
 develop a list of grade crossings proposed to be vacated.  The 
 list must be developed by applying the standards set forth in 
 the rules adopted under section 219.073.  Grade crossings that 
 are part of an abandonment, closing, or removal may not be 
 included in the list.  The commissioner shall notify the public 
 officials having the necessary authority and the railway 
 companies operating the railroads of the proposed vacations.  
 Either affected party may request a hearing.  If requested, the 
 commissioner shall hold a contested case hearing applying in the 
 commissioner's determination the rules developed under section 
 219.073.  If after the hearing the commissioner determines that 
 the vacation is consistent with the standards adopted under 
 section 219.073, the commissioner may order the crossing 
 vacated.  If a request for a hearing on a particular crossing is 
 not received within 30 days of the publication in the State 
 Register, the commissioner shall order the crossing vacated. 

    Subd. 3.    Crossing inventory.  By December 31, 1993, 
 the commissioner shall complete an inventory of all public and 
 private grade crossings in the state and shall annually revise 
 the inventory to reflect grade crossing changes made under this 
 section.  

    HIST: 1986 c 444; 1990 c 468 s 5; 1991 c 298 art 2 s 5; 1998 c 
 403 s 29; 1999 c 86 art 1 s 47; 2001 c 213 s 25 

     219.08 Crossings; change of grade. 

    When a railroad company changes or raises the grade of its 
 tracks at a crossing, it shall also grade the approaches on each 
 side so as to make the approach and crossing of the tracks safe 
 for vehicles.  

    HIST: (4735) 1911 c 329 s 1; 1980 c 460 s 10; 1985 c 265 art 4 
 s 1 

     219.09 Multiple tracks across road; railroad duty. 

    When a railroad company has more than one track crossing a 
 highway, it is unlawful to raise or maintain one track at a 
 higher grade than the other tracks; and the company shall raise 
 or lower such tracks to about the same level so as not to 
 endanger the safe passage of teams and other vehicles over the 
 tracks at those crossings.  

    HIST: (4736) 1911 c 329 s 2; 1985 c 265 art 4 s 1 

     219.10 Penalty for violation. 

    Subdivision 1.    Noncompliance, penalty.  A railroad 
 company who refuses or neglects to comply with sections 219.08 
 and 219.09 within 30 days after being notified in writing to 
 comply by a road authority is guilty of a violation of sections 
 219.08 and 219.09 and subject to a fine of $50 for each day that 
 the crossing is left unsafe.  Each day of violation constitutes 
 a separate offense. 

    Subd. 2.    Duty of county attorney.  A county attorney 
 may institute court proceedings to collect fines, costs and 
 disbursements on the part of the road authority making the 
 complaint, and $100 attorney's fees for each prosecution.  

    HIST: (4737) 1911 c 329 s 3; 1980 c 460 s 11; 1985 c 265 art 4 
 s 1 

  219.11 Repealed, 1980 c 460 s 32 

  219.12 Repealed, 1980 c 460 s 32 

     219.13 Farm crossing. 

    A railroad company constructing a railroad so as to leave 
 parts of a farm on different sides of the road shall construct a 
 proper farm crossing at some place convenient for that farm.  

    HIST: (4740) RL s 1996; 1985 c 265 art 4 s 1 

     219.14 Railroad crossing protected. 

    Subdivision 1.    Investigation.  The commissioner of 
 transportation on the commissioner's own motion may investigate 
 and determine whether a railroad crossing over a street or 
 public highway, that is or will be opened to public travel, is 
 or will be dangerous to life or property.  The commissioner may 
 order the crossing protected in any manner the commissioner 
 finds reasonable and proper, including requiring the company to 
 separate the grades. 

    Subd. 2.    Hearing.  The commissioner shall give the 
 interested railroad company and road authority notice of the 
 investigation as the commissioner deems reasonable, and an 
 opportunity to be heard before an order is made. 

    HIST: (4741, 4742) 1919 c 434 s 1,2; 1921 c 500 s 1; 1971 c 25 
 s 67; 1976 c 166 s 22; 1980 c 460 s 12; 1980 c 534 s 28; 1985 c 
 265 art 4 s 1; 1986 c 444; 1998 c 403 s 29 

  219.15 Renumbered 219.14 subd 2 

     219.16 Grade crossing defined. 

    The term "grade crossing" as used in this chapter means the 
 intersection of a public highway and the tracks of a railroad, 
 however operated, on the same plane or level, except street 
 railways within city limits.  

    HIST: (4743-1) 1925 c 336 s 1; 1973 c 123 art 5 s 7; 1985 c 
 265 art 4 s 1 

     219.165 Safety rules for private railroad grade crossing.

    By December 31, 1992, the commissioner shall adopt rules 
 establishing minimum safety standards at all private railroad 
 grade crossings in the state.  

    HIST: 1991 c 298 art 2 s 6 

QUIET ZONES

     219.166 Establishment of quiet zones. 

    A county, statutory or home rule charter city, or town may 
 by ordinance establish a defined "quiet zone" in which the 
 sounding of horns, whistles, or other audible warnings by 
 locomotives is regulated or prohibited.  A quiet zone 
 established under this section must consist of at least one-half 
 mile of railroad right-of-way.  All quiet zones, regulations, 
 and ordinances adopted under this section must conform to 
 federal law and the regulations of the Federal Railroad 
 Administration. 

    HIST: 1Sp2001 c 8 art 2 s 59 

SAFETY

     219.17 Uniform warning signs. 

    The commissioner by rule shall require that uniform warning 
 signs be placed at grade crossings.  There must be at least 
 three distinct types of uniform warning signs:  a home crossing 
 sign, for use in the immediate vicinity of the crossing; an 
 approach crossing sign, to indicate the approach to a grade 
 crossing; and, when deemed necessary, a stop sign with the word 
 "stop" plainly appearing on it, to indicate that persons on the 
 highway approaching the crossing, whether in vehicles or 
 otherwise, must come to a stop before proceeding over the grade 
 crossing. 

    HIST: (4743-2) 1925 c 336 s 2; 1971 c 25 s 67; 1976 c 166 s 
 23; 1980 c 460 s 13; 1985 c 265 art 4 s 1 

     219.18 Railroad to erect sign. 

    At each grade crossing established after April 23, 1925 and 
 where and when crossing signs existing as of April 24, 1925 are 
 replaced, the railway company operating the railroad at that 
 crossing shall erect and maintain one or more uniform home 
 crossing signs.  The signs must be on each side of the railroad 
 tracks and within 75 feet from the nearest rail. 

    HIST: (4743-3) 1925 c 336 s 3; 1985 c 265 art 4 s 1 

     219.19 Additional warning sign. 

    At each grade crossing where, because of the conditions 
 surrounding it, the reasonable protection to life and property 
 necessitates placing additional warning signs on the highway 
 farther from the crossing than the home crossing signs, approach 
 warning signs must be installed.  The commissioner may designate 
 grade crossings requiring additional signs on either or both 
 sides of the crossing.  Upon designating a crossing as requiring 
 additional protection, the commissioner shall notify the road 
 authority having the care of the highway.  The road authority, 
 within 30 days after notification, shall furnish and maintain 
 uniform signs in the appropriate places on the highway on either 
 or both sides of the grade crossings. 

    HIST: (4743-4) 1925 c 336 s 4; 1971 c 25 s 67; 1976 c 166 s 
 24; 1980 c 460 s 14; 1985 c 265 art 4 s 1; 1986 c 444 

     219.20 Stop sign. 

    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.  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 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. 

    HIST: (4743-5) 1925 c 336 s 5; 1971 c 25 s 67; 1976 c 166 s 
 25; 1985 c 265 art 4 s 1; 1987 c 397 s 2 

  219.21 Repealed, 1982 c 444 s 7 

     219.22 Stop, look, and listen. 

    Before proceeding across the railroad track at a crossing 
 marked with a stop sign, drivers shall bring their vehicles to a 
 full stop and ascertain whether or not trains are approaching 
 the crossing. 

    HIST: (4743-7) 1925 c 336 s 7; 1985 c 265 art 4 s 1 

     219.23 Crossing guard. 

    If the commissioner of transportation finds in an 
 investigation instituted by the commissioner or upon complaint 
 and after opportunity for hearing, that a crossing guard is 
 necessary to protect life and property at a grade crossing, it 
 shall order the railway company operating the railroad at the 
 crossing to provide a crossing guard and shall specify in the 
 order the hours when the presence of the guard is required.  The 
 railway company shall then provide a crossing guard during that 
 time.  The crossing guard shall have full control over the 
 traffic at this crossing. 

    HIST: (4743-9) 1925 c 336 s 9; 1971 c 25 s 67; 1976 c 166 s 
 26; 1980 c 460 s 15; 1980 c 534 s 29; 1985 c 265 art 4 s 1; 1998 
 c 403 s 29 

     219.24 Additional safeguard. 

    If the commissioner of transportation finds in an 
 investigation instituted upon the commissioner's own motion or 
 upon complaint and after notice and hearing, that conditions at 
 a grade crossing require additional safeguards to protect life 
 and property, such as crossing gates or other suitable devices, 
 the commissioner shall specify the nature of the devices 
 required and may order the railway company operating the 
 railroad at the crossing to install them. 

    HIST: (4743-10) 1925 c 336 s 10; 1971 c 25 s 67; 1976 c 166 s 
 27; 1980 c 534 s 30; 1985 c 265 art 4 s 1; 1998 c 403 s 29 

  219.25 Repealed, 1980 c 460 s 32 

     219.26 Protective crossing device; uniformity. 

    The commissioner, so far as practicable, shall secure 
 uniformity in the devices used to protect grade crossings.  No 
 devices may be installed until they have been approved by the 
 commissioner.  All devices which, in the opinion of the 
 commissioner, conflict with devices approved by the 
 commissioner, either in design or method of operation, so as to 
 create a hazard to travel at the crossing, must be immediately 
 modified by the railroad company controlling the crossing to 
 conform to those devices approved by the commissioner. 

    HIST: (4743-12) 1925 c 336 s 12; 1971 c 25 s 67; 1976 c 166 s 
 29; 1985 c 265 art 4 s 1 

  219.27 Repealed, 1990 c 468 s 6 

  219.28 Repealed, 1990 c 468 s 6 

     219.29 Prohibited sign. 

    Subdivision 1.    Obstructing sign.  No person, firm, or 
 corporation shall place or maintain any advertising sign or 
 other similar obstruction upon, over, or adjacent to a highway 
 between an approach sign and the grade crossing which it marks. 

    Subd. 2.    Resembling sign.  No person, firm, or 
 corporation shall place or maintain upon, over, or adjacent to a 
 public highway any sign or symbol resembling the signs provided 
 for in sections 219.16 to 219.30.  

    HIST: (4743-15) 1925 c 336 s 15; 1985 c 265 art 4 s 1 

     219.30 Injuring, destroying sign. 

    It is unlawful for a person to maliciously injure, remove, 
 displace, deface, or destroy the signs or signals provided for 
 in sections 219.16 to 219.30.  

    HIST: (4743-16) 1925 c 336 s 16; 1985 c 265 art 4 s 1 

     219.31 Building fence and cattle guard. 

    Subdivision 1.    Duty.  Every railroad company shall 
 build and maintain good and substantial fences on each side of 
 all lines of its railroad, and good and sufficient cattle guards 
 at all road and street crossings and other openings, except at 
 station and depot grounds, and other places which the necessary 
 business of the road or public convenience requires to be open. 

    When a person's land lying along a railroad right-of-way is 
 enclosed on three sides by a woven wire fence, the railroad 
 company shall erect and maintain a woven wire fence of like 
 character and quality along the right-of-way enclosing the 
 remaining side of the land.  

    Subd. 2.    Standard of care.  The railroad company is 
 held to the exercise of ordinary diligence and care in building 
 and maintaining fences and cattle guards and in keeping cattle 
 guards free from ice and snow.  

    HIST: (4744) RL s 1997; 1907 c 333; 1911 c 309 s 1; 1985 c 265 
 art 4 s 1 

     219.32 Failure to fence; liability and damages. 

    A railroad company failing to comply with section 219.31 is 
 liable for all resulting damages, including domestic animals 
 killed or injured by its negligence.  If it fails to pay the 
 actual damages caused by the killing or injury within 30 days 
 after the damage occurs, the plaintiff shall recover double 
 costs.  The company, before the commencement of an action, may 
 make tender for the injury.  If the amount recovered, exclusive 
 of interest, does not exceed the tender, the plaintiff shall not 
 recover costs or disbursements. 

    HIST: (4745) RL s 1998; 1983 c 359 s 21; 1985 c 265 art 4 s 1 

     219.33 Fence, crossing, cattle guard; landowner recourse.

    Subdivision 1.    Liability.  A railroad company 
 operating a line of railroad in this state, which has failed or 
 neglected to fence the road and to erect crossings and cattle 
 guards, is liable for all damages sustained by a person as a 
 consequence of that failure or neglect. 

    Subd. 2.    Measure of damages.  The measure of damages 
 for failure to construct or maintain a fence is as follows:  the 
 owner of land abutting on the line of railway of the railroad 
 company may serve notice on any of its station agents between 
 April 1 and October 1 of any year, requiring the construction of 
 a fence on the line between the person's land and the company's 
 right-of-way.  If the company does not construct the fence 
 within 40 days after service of the notice, the landowner may 
 recover from the company an amount not exceeding twice the cost 
 of construction, with costs and reasonable attorney's fee, to be 
 allowed by the court, or the landowner may construct the fence 
 after the expiration of that time and receive from the company 
 double the cost of construction, with like costs and attorney's 
 fee. 

    Subd. 3.    Duty to maintain.  The fence must be kept in 
 repair by the railroad company in like manner and under like 
 penalties as if built by the company. 

    Subd. 4.    Failure to serve notice.  Failure to serve 
 notice does not relieve the railroad company from liability for 
 damages for injuries to persons or domestic animals or other 
 property, resulting from failure to fence its road.  

    HIST: (4746) RL s 1999; 1985 c 265 art 4 s 1 

     219.34 Fence between railroad and public road. 

    If a railroad company fails to fence its line where it 
 adjoins a public road or street, or lies so near as to render 
 travel on it dangerous, the governing body of the town or 
 municipality having charge of the road or street, by notice as 
 in the case of an abutting landowner, may require the fence to 
 be built.  In case of failure to build the fence within the time 
 provided in section 219.33, the town or municipality has the 
 rights and remedies given by section 219.33 to an abutting owner.

    HIST: (4747) RL s 2000; 1985 c 265 art 4 s 1 

     219.35 Crossing and drain. 

    Persons owning lands abutting upon a railroad may 
 construct, at their own expense, crossings under, over, or 
 across the railroad and drains under and across the railroad at 
 places and in ways that do not obstruct or impair the use of the 
 railroad.  Before constructing them, the owner of the land shall 
 serve on the nearest station agent of the company a notice, 
 stating in detail the work which the landowner desires to 
 perform, and the company may construct that work; but the 
 crossings and drains may not be opened for the use of the 
 landowner until the landowner pays the reasonable cost of 
 construction.  These crossings and drains must be maintained and 
 kept in repair by the railroad company; however, the railroad 
 may require reimbursement from the abutting landowners of its 
 reasonable and accountable maintenance and repair costs when 
 maintenance and repair are initiated by the landowner and agreed 
 to in advance by the railroad company.  The railroad company 
 shall ensure, allow, and not prohibit reasonable egress and 
 ingress under, over, and across a crossing except as may be 
 required for maintenance of the crossing or for normal operation 
 of the railroad. 

    HIST: (4748) RL s 2001; 1985 c 265 art 4 s 1; 1986 c 444; 1991 
 c 83 s 1 

     219.36 Gate at farm crossing. 

    A railroad company, which erects at a farm crossing a gate 
 for the exclusive use of the owner and occupants of that farm, 
 provides a lock for the gate, and delivers the key for the lock 
 to the owner or occupant, is not liable to the owner or occupant 
 for an animal killed or injured because the gate was left open 
 without fault of the company, unless the killing or injury 
 resulted from the wanton or malicious act of the company or its 
 employees.  

    HIST: (4749) RL s 2002; 1985 c 265 art 4 s 1 

     219.37 Ditch and culvert. 

    A railroad company or receiver or lessee of a railroad 
 company, operating a line of railroad in the state, shall keep 
 clean at all times between the first day of April and the first 
 day of November of each year all ditches and culverts 
 constructed by them for the drainage of their roadbed or 
 right-of-way.  This section does not apply to ditches and 
 culverts not located upon the right-of-way of a railroad.  

    HIST: (4750) 1909 c 377 s 1; 1985 c 265 art 4 s 1 

  219.38 Repealed, 1957 c 724 s 21 

     219.383 Safe operation of train over road; penalty. 

    Subdivision 1.    Speed fixed.  The commissioner of 
 transportation, on petition of a city council or a railway 
 corporation, may fix and determine after a hearing a reasonable 
 speed for the operation of an engine or train on and over a 
 railroad crossing of a public highway or street in that city. 

    Subd. 2.    Maximum speed.  Where the commissioner has 
 fixed the speed of an engine or train over a public highway or 
 street crossing in a city as provided in this section, the fixed 
 speed is the lawful maximum speed at which an engine or train 
 may be operated on and over that public highway or street 
 crossing, until changed by subsequent order of the commissioner. 

    Subd. 3.    Not to block public road or street.  No 
 railway corporation shall permit a public road or street 
 crossing a railroad track to be closed for traffic by a standing 
 car, train, engine, or other railroad equipment, or by a 
 switching movement which continuously blocks a crossing for 
 longer than ten minutes.  This subdivision does not apply to 
 cities of the first class which regulate obstruction of streets 
 by ordinance. 

    Subd. 4.    Penalty.  A railway corporation violating 
 this section is guilty of a petty misdemeanor.  A corporation 
 that commits a second or subsequent violation of this section is 
 guilty of a misdemeanor. 

    HIST: 1945 c 220 s 1-5; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 
 1976 c 166 s 32; 1980 c 460 s 17; 1980 c 534 s 34; 1985 c 265 
 art 4 s 1; 1987 c 329 s 21; 1994 c 636 art 2 s 7; 1998 c 403 s 
 29 

     219.384 Removal of dangerous obstruction. 

    Subdivision 1.    Removal ordered.  If a railroad 
 company, road authority, or abutting property owner fails to 
 control the growth of trees or vegetation or the placement of 
 structures or other obstructions on its right-of-way or property 
 so as to interfere with the safety of the public traveling on a 
 public or private grade crossing, the local governing body of 
 the town or municipality where the grade crossing is located 
 may, by notice, require the obstruction to be removed as 
 necessary to provide an adequate view of oncoming trains at the 
 crossings.  The commissioner shall adopt rules establishing 
 minimum standards for visibility at public and private grade 
 crossings.  

    Subd. 2.    Penalty.  A railroad company, road 
 authority, or property owner that fails to comply with this 
 section within 30 days after being notified in writing is 
 subject to a fine of $50 for each day that the condition is 
 uncorrected.  This penalty may be recovered in the manner 
 provided in section 219.97, subdivision 5.  

    HIST: 1991 c 298 art 2 s 7 

     219.39 Dangerous crossing; complaint; hearing. 

    Upon written complaint authorized by the governing body of 
 a city or county, by the board of supervisors of a town, or by 
 authorized officers of a subject railroad, alleging that a 
 railroad crossing a street, road, or highway in the city, town, 
 or county is dangerous to life and property, and giving the 
 reasons for the allegations, the commissioner shall investigate 
 the matters contained in the complaint, and, when necessary, 
 initiate a hearing. 

    HIST: (4662) 1911 c 243 s 1; 1923 c 134 s 1; 1971 c 25 s 67; 
 1973 c 123 art 5 s 7; 1975 c 313 s 2; 1976 c 166 s 33; 1980 c 
 534 s 35; 1Sp1981 c 4 art 2 s 21; 1985 c 265 art 4 s 1; 1999 c 
 86 art 1 s 48 

     219.40 Determination; order; flagger or safety device. 

    Subdivision 1.    Commissioner determination.  (a) If a 
 complaint is made under section 219.39, the commissioner of 
 transportation shall determine, after investigation by the 
 commissioner or after hearing, whether the crossing is hazardous 
 and may require the railroad company to (1) provide flaggers at 
 the crossing, (2) adopt safety devices as the commissioner deems 
 necessary to protect the crossing properly, (3) remove any 
 structure, embankment, or other obstruction to the view, (4) 
 close the crossing complained of or other crossing in the 
 vicinity, or (5) construct an overhead or maintain an 
 underground crossing and divide the cost between the railroad 
 company, the town, county, municipal corporation, or state 
 transportation department interested, on terms and conditions as 
 may seem just and equitable. 

    (b) The commissioner may require the complaining city, 
 town, or county to remove an embankment, structure, or other 
 obstruction to the view as may be reasonable and necessary to 
 properly protect the crossing. 

    Subd. 2.    Hearing.  If the complainant road authority 
 or the railroad files exceptions to an order of the commissioner 
 made under this section without a hearing, the commissioner 
 shall convene a hearing on the original complaint. 

    Subd. 3.    Order; costs allocated.  If the commissioner 
 or its designee after notice and hearing orders (1) the 
 installation of a safety device, (2) the construction, 
 reconstruction, modernization, or replacement of major parts, as 
 defined by rule of the commissioner, of the safety devices, 
 gates, or other types of special protection, (3) the removal of 
 a structure, embankment, or other obstruction to the view, or 
 (4) the construction, reconstruction, or maintenance of an 
 underground or overhead crossing on a public road, street, or 
 highway, it may in the same order direct that the costs be 
 divided between the railroad company and the public authority 
 involved as the parties may agree, or, if they fail to agree, 
 then as determined by the commissioner on the basis of benefit 
 to the users of each.  However, the commissioner may defer 
 determination of the division of costs to a subsequent order to 
 be made on the basis of evidence previously taken.  

    Subd. 4.    Funds to pay costs.  (a) If a state trunk 
 highway is involved, the state's share of the costs must be paid 
 from funds available to the department of transportation. 

    (b) In all other cases the public's share of the costs must 
 be paid from available funds or from the trunk highway fund, if 
 ordered by the commissioner, or from any combination of these 
 funds or other available funds; provided that a highway, street, 
 or road fund must only be expended for the costs on a highway, 
 street, or road within the political subdivision charged with 
 its maintenance and care and only upon the highways, streets, or 
 roads for which the fund was allocated or created.  

    HIST: (4663) 1911 c 243 s 2; 1913 c 294 s 1; 1923 c 134 s 2; 
 1951 c 179 s 2; 1959 c 528 s 1; 1963 c 458 s 2; 1965 c 245 s 1; 
 1967 c 86 s 2; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1975 c 313 
 s 3; 1976 c 166 s 7,34; 1977 c 454 s 27; 1980 c 534 s 36; 
 1Sp1981 c 4 art 2 s 22; 1985 c 265 art 4 s 1; 1998 c 403 s 29 

  219.401 Repealed, 1977 c 454 s 49 

     219.402 Adequate crossing protection. 

    Crossing warning devices or improvements installed or 
 maintained under this chapter as approved by the commissioner or 
 any predecessor, whether by order or otherwise, are adequate and 
 appropriate warning for the crossing. 

    HIST: 1985 c 265 art 4 s 1; 1991 c 298 art 2 s 8; 1998 c 403 s 
 29; 2001 c 213 s 26 

     219.403 Applicability to local laws. 

    Nothing in this section or section 161.20, 219.40, or 
 219.071 changes existing law relating to the rights and 
 liabilities of a city, town, or county in connection with the 
 construction or maintenance of a railroad crossing, grade 
 separation, or signal system, or impairs the terms or conditions 
 of an existing arrangement or agreement, or renewals of it, 
 between a railroad company and a municipality for the 
 maintenance of a railroad crossing, grade separation, or signal 
 system. 

    HIST: 1951 c 179 s 3; 1965 c 51 s 39; 1973 c 123 art 5 s 7; 
 1980 c 460 s 20; 1985 c 265 art 4 s 1 

     219.41 Appeal; order enforcement. 

    A railroad company or the city, town, or county making the 
 complaint may appeal from an order of the commissioner of 
 transportation to the district court of the county in which the 
 crossing is located.  The same appeal proceedings must be held 
 as now provided by law for an appeal from orders of the 
 commissioner.  Orders of the commissioner must be enforced by 
 the attorney general. 

    HIST: (4664) 1911 c 243 s 3; 1971 c 25 s 67; 1973 c 123 art 5 
 s 7; 1976 c 166 s 36; 1980 c 534 s 37; 1985 c 265 art 4 s 1; 
 1998 c 403 s 29 

     219.42 Failure to comply; penalty. 

    A railroad company or city, town, or county failing to 
 comply with an order of the commissioner of transportation that 
 is not appealed from or, if appealed from, affirmed in whole or 
 in part, is liable to a penalty of $50 for every day of 
 noncompliance, to be collected in civil action brought by the 
 attorney general. 

    HIST: (4665) 1911 c 243 s 4; 1971 c 25 s 67; 1973 c 123 art 5 
 s 7; 1976 c 166 s 37; 1980 c 534 s 38; 1985 c 265 art 4 s 1; 
 1998 c 403 s 29 

  219.43 Repealed, 1980 c 460 s 32 

     219.44 Charter powers not abridged. 

    Nothing in sections 219.39 to 219.44 repeals, abridges, 
 modifies, or affects the power contained in the charter of a 
 city to require railroads to maintain gates, flaggers, or safety 
 devices at public highway crossings in that city, or any 
 ordinance enacted pursuant to that power.  

    HIST: (4667) 1911 c 243 s 6; 1973 c 123 art 5 s 7; 1985 c 265 
 art 4 s 1 

SOUTHERN RAIL CORRIDOR IMPROVEMENT

     219.445 Southern rail corridor improvement plan. 

    Subdivision 1.    Corridor development.  The 
 commissioner of transportation shall develop a corridor 
 improvement plan for grade crossings intersecting or crossing 
 the railway right-of-way in the railway corridor that runs east 
 to west across southern Minnesota within all of the counties of 
 Winona, Olmsted, Dodge, Steele, Waseca, Blue Earth, Brown, 
 Redwood, Lyon, and Lincoln. 

    Subd. 2.    Grade crossing recommendations.  (a) The 
 corridor improvement plan must include crossing-by-crossing 
 assessments based on ten-year and 20-year projections of train 
 and vehicle volumes that will identify minimum improvements 
 necessary at crossings with moderate levels of exposure, 
 consistent with rules adopted by the commissioner.  The plan 
 must include identification of all crossings that are candidates 
 for grade separations where levels of exposure exceed 300,000, 
 or crossings that meet the criteria identified in the rules 
 adopted by the commissioner.  For purposes of this section, 
 "levels of exposure" means average daily vehicle traffic 
 multiplied by the number of trains per day at a crossing.  

    (b) In cities where the department has identified multiple 
 grade separation candidates, the plan must include a strategy 
 that identifies the appropriate mix of safety improvements at 
 all crossings in the city and that considers optimal locations 
 for grade separations, crossing consolidations, and other grade 
 crossing safety improvements and traffic routing options. 

    (c) The department shall consider crossings that are 
 candidates for closure, consistent with rules adopted by the 
 commissioner governing the vacating of a grade crossing. 

    (d) When community plans have been developed by the 
 affected railroad company and local governing bodies, the 
 department shall review the community plans for compliance with 
 the department's minimum criteria for necessary crossing 
 improvements at all public crossings as identified in the 
 commissioner's rules.  The agreed-to community plans take 
 precedence over the elements of the corridor improvement plan. 

    Subd. 3.    Local government and railroad company 
 participation; federal review.  (a) The commissioner shall 
 provide an opportunity for an affected railroad company or local 
 governing body to participate in developing the corridor 
 improvement plan.  The commissioner shall allow an affected 
 local governing body the opportunity to review the corridor 
 improvement plan before executing an agreement for grade 
 crossing improvements in the corridor improvement plan between 
 the department and the railroad company and before forwarding 
 the plan to the federal Surface Transportation Board (STB).  

    (b) Paragraph (a) does not preclude the department from 
 providing comments or information related to the railway 
 corridor improvement project to the STB or any other governing 
 body related to construction activities or environmental impact 
 statement preparation.  

    Subd. 4.    Final plan; hold harmless.  (a) The final 
 plan must be submitted to any affected area transportation 
 partnership, local unit of government, and railroad company 
 within the corridor area in order to provide future grade 
 crossing safety improvement planning guidance.  

    (b) Unless otherwise specifically agreed to as part of the 
 plan, the development of a corridor improvement plan does not 
 bind the state or any local government unit to a specific 
 implementation timetable or to funding the cost of proposed 
 recommended safety upgrades. 

    HIST: 1999 c 238 art 2 s 34 

CLEARANCES

     219.45 Applicability. 

    Sections 219.45 to 219.53 apply to a person, corporation, 
 or anyone owning, operating, or maintaining a structure or 
 obstruction adjacent to railway tracks and to a corporation, 
 receiver of the corporation, or any person while engaged as a 
 common carrier in the transportation by railroad of passengers 
 or property to which the regulative powers of this state extend, 
 except a railway operated by the electric trolley system.  

    HIST: (4753) 1913 c 307 s 1; 1937 c 238 s 1; 1985 c 265 art 4 
 s 1 

     219.46 Unlawful structure; clearance. 

    Subdivision 1.    Structure.  (a) On and after April 16, 
 1913, it is unlawful for a common carrier or any other person, 
 on a standard gauge road on its line or a standard gauge 
 sidetrack, for use in any traffic mentioned in section 219.45:  

    (1) to erect or reconstruct and maintain an adjoining 
 warehouse, coal chute, stock pen, pole, mail crane, standpipe, 
 hog drencher, or any permanent or fixed structure or obstruction 
 within eight feet of the centerline of the track or sidetrack; 

    (2) in excavating, to allow an adjoining embankment of 
 earth or natural rock to remain within eight feet of the center 
 line of the track or sidetrack; or 

    (3) to erect or reconstruct overhead wires, bridges, 
 viaducts or other obstructions passing over or above its tracks 
 at a height less than 21 feet, measured from the top of the 
 track rail.  

    (b) If after May 1, 1943, overhead structures or platforms 
 or structures designed only to be used in the loading or 
 unloading of cars are rebuilt or remodeled, then these overhead 
 structures must be built with an overhead clearance of not less 
 than 22 feet from the top of the rail.  These structures or 
 platforms must be built with a side clearance of not less than 
 8-1/2 feet from the center line of the track unless by order the 
 commissioner may provide otherwise. 

    (c) Sections 219.45 to 219.53 do not apply to yards and 
 terminals of depot companies or railway companies used only for 
 passenger service.  If personal injury is sustained by an 
 employee of a depot company or railway company used only for 
 passenger service, by reason of noncompliance with sections 
 219.45 to 219.53, that employee, or in case of the employee's 
 death, the personal representative, has the rights, privileges, 
 and immunities enumerated in section 219.53. 

    (d) On and after May 1, 1943, it is unlawful for a common 
 carrier or any other person, on a standard gauge road on its 
 line or a standard gauge sidetrack or spur, for use in any 
 traffic mentioned in section 219.45:  

    (1) to erect or construct and maintain an adjoining 
 warehouse, coal chute, stock pen, pole, mail crane, standpipe, 
 hog drencher, or any permanent or fixed structure or obstruction 
 within 8-1/2 feet of the centerline of the track; 

    (2) in excavating, to allow an adjoining embankment of 
 earth or natural rock to remain within 8-1/2 feet of the center 
 line of the track or sidetrack; or 

    (3) to erect or construct overhead wires, bridges, 
 viaducts, or other obstructions passing over or above its tracks 
 at a height less than 22 feet, measured from the top of the 
 track rail. 

    Subd. 2.    Clearance on parallel tracks.  (a) On and 
 after May 1, 1943, it is unlawful for a common carrier to 
 construct track used for moving cars engaged in the movement of 
 traffic if the center line of the track is within 14 feet from 
 the center line of any other parallel track which it adjoins. 

    (b) In addition, no ladder tracks may be closer to an 
 adjacent ladder track than 19 feet measured from the center line 
 of each track, nor closer to any other parallel track than 17 
 feet measured from the center line of each track.  

    (c) The distance between tracks may be diminished or closed 
 up a necessary distance for track intersections, gauntlet 
 tracks, turnouts, or switch points.  

    Subd. 3.    May maintain existing structure.  A common 
 carrier or any other person may maintain an overhead structure 
 or structure alongside of a track referred to in this section 
 and section 219.45 if the structure was not erected in violation 
 of law.  

    Subd. 4.    May maintain existing tracks.  (a) A common 
 carrier or any other person may:  

    (1) maintain or reconstruct presently existing tracks 
 constructed after April 16, 1913, in accordance with the then 
 existing clearance law; 

    (2) maintain or reconstruct tracks which, if constructed 
 before April 16, 1913, were constructed with clearances as 
 provided in Laws 1913, chapter 307; or 

    (3) maintain or reconstruct tracks built in accordance with 
 Laws 1913, chapter 448.  

    (b) As to tracks that were constructed with a clearance 
 less than 13 feet between center lines before April 16, 1913, 
 the maintenance of a clearance of less than 13 feet between 
 center lines in railroad switching yards may create a hazard.  
 The commissioner may require adequate and safe clearances as 
 rapidly as possible in the yards on petition by an affected 
 party, after hearing, and where a greater clearance can be 
 reasonably provided. 

    Subd. 5.    May extend existing yard tracks.  It is not 
 unlawful to extend existing yard tracks or other tracks at the 
 clearance which now exists between them if the tracks were 
 constructed either before or after April 16, 1913, with 
 clearances as provided in Laws 1913, chapter 307. 

    Subd. 6.    May maintain additional tracks.  It is not 
 unlawful to construct or maintain additional tracks at less than 
 the required clearance on or under existing bridges which were 
 constructed after April 16, 1913, with clearances as provided in 
 Laws 1913, chapter 307. 

    Subd. 7.    Order for less clearance.  The commissioner 
 of transportation after a hearing may authorize, in the 
 construction and reconstruction of bridges and tunnels, by 
 general order (1) a clearance less than 8-1/2 feet from the 
 center line of the track at a height not to exceed six feet 
 above the top of the rail, and (2) a clearance less than 8-1/2 
 feet from the center line of the track at a point not less than 
 14-1/2 feet above the top of the rail.  

    HIST: (4754) 1913 c 307 s 2; 1915 c 171 s 1; 1937 c 238 s 2; 
 1943 c 390 s 1-7; 1971 c 25 s 67; 1976 c 166 s 39-41; 1980 c 534 
 s 40; 1985 c 265 art 4 s 1; 1986 c 444; 1998 c 403 s 29 

     219.47 Clearance exceptions. 

    Subdivision 1.    Permanent.  The commissioner of 
 transportation, upon application made, after a thorough 
 investigation, may permit a common carrier, person, or 
 corporation to which sections 219.45 to 219.53 apply, to erect 
 an overhead or side obstruction closer to the track than 
 provided for in section 219.46, to construct track at less 
 clearance than provided for in section 219.46, and to 
 reconstruct and maintain them when in the judgment of the 
 commissioner compliance with the clearance prescribed in section 
 219.46 is unreasonable or unnecessary or the erection or 
 construction of the overhead or side obstruction or tracks or 
 the reconstruction and maintenance of them at less clearance 
 than provided in section 219.46 will not create a condition 
 unduly hazardous to the employees of that common carrier, 
 person, or corporation.  Before taking final action on the 
 application, the commissioner need conduct only those hearings 
 or other proceedings as it finds necessary for the resolution of 
 the material issues raised by the application. 

    Subd. 2.    Temporary.  The commissioner, upon 
 application made, may grant temporary clearance variances, with 
 appropriate safeguards and without hearing, for statutory 
 encroachments resulting from emergency or temporary construction 
 situations.  

    HIST: (4755) 1913 c 307 s 3; 1915 c 171 s 2; 1937 c 238 s 3; 
 1943 c 390 s 8; 1971 c 25 s 67; 1976 c 166 s 42; 1980 c 460 s 
 21; 1980 c 534 s 41; 1985 c 265 art 4 s 1; 1986 c 468 s 3; 1998 
 c 403 s 29 

     219.50 Obstructing space between tracks. 

    It is unlawful for a common carrier, person, or corporation 
 subject to sections 219.44 to 219.52 to permit the space between 
 or beside tracks that is ordinarily used by employees in the 
 discharge of their duties and is within 8-1/2 feet of the center 
 line of the track, to become or remain obstructed by a foreign 
 obstacle that will interfere with the work of the employees or 
 subject the employees to unnecessary hazard.  This space between 
 or beside the tracks and between the rails of the tracks must be 
 kept in a condition as to permit the employees to pass over or 
 between the tracks or to use the space day or night and under 
 all weather conditions without unnecessary hazard.  

    HIST: (4758) 1913 c 307 s 6; 1913 c 448 s 1; 1980 c 460 s 22; 
 1985 c 265 art 4 s 1 

     219.51 Clearance violations and penalties. 

    Subdivision 1.    Clearance violation.  A common 
 carrier, corporation, or person subject to sections 219.45 to 
 219.53 violating any of the provisions of those sections, is 
 liable to a penalty of not more than $500 for each violation.  

    Subd. 2.    Failure to correct.  If a common carrier, 
 person, or corporation (1) fails to correct a violation of 
 sections 219.45 to 219.53 when ordered by the commissioner of 
 transportation within the time provided in the order, and (2) 
 does not appeal the order, then failure to correct the violation 
 as ordered by the commissioner constitutes a new and separate 
 offense distinct from the original violation of sections 219.45 
 to 219.53. 

    Subd. 3.    Duties of attorney general.  The penalty 
 must be recovered in a suit brought in the name of the state by 
 the attorney general in a court having jurisdiction in the 
 locality where the violation was committed.  Under the direction 
 of the commissioner, the attorney general shall bring suit upon 
 receipt of duly verified information from any person of a 
 violation being committed.  The commissioner shall lodge with 
 the attorney general information of any violation as may come to 
 their knowledge. 

    HIST: (4759) 1913 c 307 s 7; 1937 c 238 s 4; 1971 c 25 s 67; 
 1976 c 166 s 43; 1980 c 534 s 42; 1985 c 265 art 4 s 1; 1998 c 
 403 s 29 

     219.52 Warning sign; reporting clearance violations. 

    If a structure is nearer the track than as provided by 
 sections 219.45 to 219.53, the commissioner of transportation 
 shall provide for warning signs to be placed on it of a design 
 and type as the commissioner considers proper unless the 
 commissioner determines a sign is unnecessary.  Railroad 
 inspectors of the department of labor and industry shall report 
 to the commissioner and attorney general any violation of 
 sections 219.45 to 219.53 of which they may obtain knowledge. 

    HIST: (4760) 1913 c 307 s 8; 1937 c 238 s 5; 1971 c 25 s 67; 
 1976 c 166 s 44; 1980 c 460 s 23; 1980 c 534 s 43; 1985 c 265 
 art 4 s 1; 1998 c 403 s 29 

     219.53 Contributory negligence. 

    An employee of a common carrier who, while performing 
 duties and engaged in any commerce mentioned in section 219.45, 
 subject to the regulative provisions of sections 219.45 to 
 219.53, is injured or killed by reason of (1) a violation of 
 section 219.50, (2) a structure or obstruction erected or 
 maintained before the passage of or in violation of sections 
 219.45 to 219.53, or (3) a structure or obstruction erected or 
 maintained in closer proximity to the rails than provided in 
 sections 219.45 to 219.53 shall not be deemed to have assumed 
 the resultant risk or to have been guilty of contributory 
 negligence although the employee continued in the employ of the 
 common carrier after becoming aware of the use of the permanent 
 overhead or side structure or obstruction mentioned in sections 
 219.45 to 219.53.  

    An exercise of the permission provided for in section 
 219.47 is at the sole risk of the carrier.  

    HIST: (4761) 1913 c 307 s 9; 1985 c 265 art 4 s 1 

PLATFORMS

     219.54 Freight platform. 

    (a) Within 30 days after written notice, served in the same 
 manner as a summons in district court, from the governing body 
 of a statutory city containing 250 inhabitants or more, a 
 railroad company shall provide platforms at stations as required 
 by the city and at other stations and sidings when required by 
 the commissioner of transportation.  

    (b) These platforms must:  

    (1) be immediately alongside of the railroad company's 
 tracks or sidetracks; 

    (2) have approaches at each end; 

    (3) be suitable and convenient for loading and unloading 
 heavy machinery and other freight upon and from the railroad 
 company's cars; 

    (4) be at least 12 feet wide, strongly built, and floored 
 with planking at least three inches thick; 

    (5) be at least 32 feet long, exclusive of approaches; 

    (6) be the height of the floor of an ordinary boxcar; and 

    (7) have approaches of such grade that heavily loaded 
 vehicles and equipment can be driven on them.  

    (c) Any company failing to comply with this section shall 
 forfeit to the state not less than $500 nor more than $1,000 for 
 every 30 days that the failure continues. 

    HIST: (4762) RL s 2003; 1923 c 142 s 1; 1971 c 25 s 67; 1973 c 
 123 art 5 s 7; 1976 c 166 s 45; 1980 c 460 s 24; 1980 c 534 s 
 44; 1985 c 265 art 4 s 1; 1998 c 403 s 29 

     219.55 Loading platform. 

    When required by the commissioner of transportation, a 
 railroad company shall construct and maintain at each station 
 and siding a suitable platform for loading grain, livestock, and 
 other commodities into its cars for shipment.  The commissioner 
 may require the enlargement of the platform or the construction 
 of additional platforms at a station or siding, when it deems it 
 necessary for that purpose.  A company that fails to construct 
 the platform within 60 days after service of the commissioner's 
 order requiring construction, shall forfeit to the state $25 for 
 each day that the platform remains unconstructed. 

    HIST: (4763) RL s 2004; 1971 c 25 s 67; 1976 c 166 s 46; 1980 
 c 534 s 45; 1985 c 265 art 4 s 1; 1998 c 403 s 29 

EMPLOYEES, EQUIPMENT

     219.551 Locomotive; water and toilet facility. 

    Subdivision 1.    Scope of definitions.  As used in this 
 section, the following words and phrases, unless a different 
 meaning is plainly required, have the meanings given them. 

    Subd. 2.    Initial terminal defined.  "Initial terminal"
 means the terminal within the state of Minnesota from which an 
 operating unit is dispatched and at which regular maintenance 
 forces are available to repair defective water coolers and 
 toilet facilities.  

    Subd. 3.    Operating unit defined.  "Operating unit" 
 means a locomotive or one of the locomotives in a consist, but 
 does not include a switch engine.  

    Subd. 4.    Consist defined.  "Consist" means two or 
 more locomotives coupled together and used to propel other 
 railroad rolling stock.  

    Subd. 5.    Water.  Each operating unit or a switch 
 engine used as a single unit when put into service from an 
 initial terminal must be provided with paper cups and at least 
 one gallon of potable water supplied by a water cooler which 
 must be sanitary, clean, and operating.  

    Subd. 6.    Toilet.  Each operating unit purchased new, 
 not reconditioned, and put into service from an initial terminal 
 must be equipped with a dry hopper, gas or electric incinerator, 
 or other suitable toilet facility, if the operating unit is used 
 for a road operation of 50 miles or more away from the initial 
 terminal.  After July 1, 1972, each consist used in road 
 operations of 50 miles or more away from the initial terminal 
 must have at least one operating unit equipped with a dry 
 hopper, gas or electric incinerator, or other suitable toilet 
 facility; provided, however, in the case of transfer or 
 switching service or emergency or emergency need for additional 
 diesel power equipment, this requirement does not apply.  When 
 put into service from an initial terminal, diesel toilet 
 facilities must be sanitary, clean, and operating.  Unless 
 otherwise actually required by operating conditions or 
 emergency, the operating unit having the toilet facilities must 
 be positioned at the head end of a consist.  

    Subd. 6a.    Failure of toilet or water facility.  The 
 diesel toilet facilities and water cooler facilities required by 
 this section must be kept sanitary, clean, and operating.  When 
 a failure of the required equipment and standards of maintenance 
 occurs after a locomotive has commenced to move in service, the 
 railroad operating that locomotive is not in violation of this 
 section if the failure is corrected at the next initial terminal.

    Subd. 7.    Penalty.  A person, company, corporation, or 
 its receiver operating a railroad in violation of this section 
 is guilty of a misdemeanor and, upon conviction, is liable for a 
 penalty of not less than $25 nor more than $200 for each 
 offense.  The use of an operating unit not equipped as provided 
 in this section constitutes a separate offense for every day or 
 part of a day so used.  The penalty must be recovered in a suit 
 brought in the name of the state in any court having 
 jurisdiction in the county in which the initial terminal is 
 situated, by the attorney general or by the county attorney of 
 that county.  

    HIST: 1969 c 86 s 1-4; 1971 c 142 s 1; 1973 c 113 s 1-3; 1985 
 c 265 art 4 s 1; 1987 c 329 s 21 

  219.558 Repealed, 2001 c 213 s 31 

  219.559 Repealed, 2001 c 213 s 31 

  219.56 Repealed, 2001 c 213 s 31 

     219.561 Track motor car; equipment. 

    Subdivision 1.    Lights.  From and after January 1, 
 1950, a person, firm, or corporation operating or controlling a 
 railroad shall equip each of its track motor cars used during 
 the period from 30 minutes before sunset to 30 minutes after 
 sunrise with: 

    (1) an electric headlight of such construction and of 
 sufficient candlepower to render plainly visible at a distance 
 of not less than 300 feet in advance of the track motor car a 
 track obstruction, landmark, warning sign, or grade crossing; 
 and 

    (2) a rear electric red light of such construction and of 
 sufficient candlepower as to be plainly visible at a distance of 
 300 feet.  

    Subd. 2.    Windshield and top.  Upon request of the 
 section lead supervisor in any section operated by a railroad 
 referred to in subdivision 1, a track motor car must be equipped 
 within 90 days with a windshield and top wide and high enough to 
 reasonably protect the employees from weather.  However, a 
 railroad company is not required in any one year to equip more 
 than an additional 25 motor cars with that equipment. 

    Subd. 3.    Penalty.  A person, firm, or corporation 
 operating or controlling a railroad and using or permitting to 
 be used on its line in this state a track motor car in violation 
 of this section is guilty of a misdemeanor.  

    HIST: 1949 c 680 s 1,2; 1961 c 405 s 1; 1985 c 265 art 4 s 1; 
 1986 c 444 

     219.562 Vehicle for highway use; equipment. 

    Subdivision 1.    Requirements.  A motor vehicle 
 designed for highway use and used by a railroad company 
 operating in this state for transporting employees, tools, and 
 supplies must be equipped to provide: 

    (1) adequate heating in all kinds of inclement weather; 

    (2) adequate, safe seating facilities so that each employee 
 transported may be seated; 

    (3) a communication system between the cab and the rear 
 compartment; 

    (4) suitable and adequate containers or boxes to hold 
 tools, equipment, and supplies, so located and attached to the 
 vehicle that the containers or boxes and the tools, equipment, 
 or supplies will not shift, topple, or roll; and 

    (5) toilet facilities if the motor vehicle is used to 
 transport more than nine employees to and from headquarters.  

    Subd. 1a.    Exception for emergency.  For an emergency 
 arising from common disaster or adverse weather such as 
 flooding, washout, excessive snow or icing, or derailment or 
 defect in track requiring prompt repair, motor vehicles which do 
 not meet the standards in subdivision 1 may be used only during 
 the emergency.  

    Subd. 2.  Repealed, 1975 c 282 s 2 

    Subd. 3.    Dispute.  Should a dispute arise as to the 
 adequacy of the facilities provided for in subdivision 1, it may 
 be submitted for final determination to the commissioner of 
 transportation after notice of the hearing to affected parties. 

    Subd. 4.    Penalty.  A railroad company, or its officer 
 or agent, violating this section is guilty of a misdemeanor. 

    HIST: 1973 c 64 s 1-4; 1975 c 282 s 1; 1976 c 166 s 47; 1980 c 
 534 s 46; 1985 c 265 art 4 s 1; 1998 c 403 s 29 

     219.565 Engineer who cannot read. 

    An officer of a corporation is guilty of a gross 
 misdemeanor if that officer knowingly employs, as an engineer or 
 engine driver to run locomotives or trains on a railway, a 
 person who cannot read the timetables and ordinary handwriting.  

    Also, a person is guilty of a gross misdemeanor if that 
 person is unable to read the timetables of the road and ordinary 
 handwriting and acts as an engineer or runs a locomotive or 
 train on a railway.  

    HIST: (10261) RL s 4999; 1985 c 265 art 4 s 1 

     219.566 Intoxication of employee on train or boat. 

    Every person (1) employed upon a railway as engineer, 
 conductor, baggage master, brake tender, switch tender, fire 
 tender, bridge tender, flagger, or signaler; (2) having charge 
 of stations, starting, regulating, or running trains upon a 
 railway; or (3) employed as captain, engineer, or other officer 
 of a vessel propelled by steam, who is intoxicated while 
 discharging those duties, is guilty of a gross misdemeanor.  

    HIST: (10262) RL s 5000; 1985 c 265 art 4 s 1 

     219.567 Failure to ring bell. 

    An engineer driving a locomotive on a railway who fails (1) 
 to ring the bell or sound the whistle on the locomotive, or have 
 it rung or sounded, at least 80 rods from a place where the 
 railway crosses a traveled road or street on the same level, 
 except in cities, or (2) to continue ringing the bell or 
 sounding the whistle at intervals until the locomotive and 
 attached train have completely crossed the road or street, is 
 guilty of a misdemeanor.  

    HIST: (10263) RL s 5001; 1985 c 265 art 4 s 1 

     219.568 Other violations of duty. 

    An engineer, conductor, brake tender, switch tender, train 
 dispatcher, or other officer, agent, or servant of a railway 
 company, who is guilty of a willful violation or omission of 
 duty as an officer, agent, or servant, by which human life or 
 safety is endangered and for which no punishment is specially 
 prescribed, is guilty of a misdemeanor.  

    HIST: (10264) RL s 5002; 1985 c 265 art 4 s 1 

     219.57 Prevention of fire. 

    Subdivision 1.    Spark arrester.  A company operating a 
 railroad shall use upon each locomotive engine a good and 
 efficient spark arrester, which the master mechanic shall have 
 examined each time before leaving the roundhouse.  The master 
 mechanic and the employee making the examination are responsible 
 for the good condition of the spark arrester.  However, the 
 company is not relieved from its responsibility under this 
 section.  

    Subd. 2.    Clear right-of-way.  A company shall keep 
 its right-of-way clear of combustible materials, except ties and 
 other materials necessary for the maintenance and operation of 
 the road, from April 15 to December 1, annually.  

    Subd. 3.    Fires tended, reported.  No company shall 
 permit its employees to leave a deposit of fire, live coals, or 
 ashes in the immediate vicinity of woodland or land liable to be 
 overrun by fire.  An engineer, conductor, or train crew member 
 discovering fire adjacent to the track shall report it promptly 
 at the first telegraph or telephone station reached.  

    Subd. 4.    Extinguishment and prevention instruction.  
 In dry seasons a railroad company shall instruct its employees 
 in the prevention and extinguishment of fires and have warning 
 placards furnished by the director of the division of lands and 
 forestry of the department of natural resources conspicuously 
 posted at every station in the vicinity of forest and grass 
 lands.  When a fire occurs near the line of its road, the 
 railroad company shall concentrate help and adopt measures 
 available for its extinguishment.  

    Subd. 5.    Patroller.  In dry seasons the railroad 
 company shall employ at least one patroller for each mile of its 
 road through lands liable to be overrun by fire to discover and 
 extinguish fires occurring near the line of the road, by which 
 is meant a distance within which fire could usually be set by 
 sparks from a passing locomotive.  

    Subd. 6.    Misdemeanor.  A railroad company violating 
 this section is guilty of a misdemeanor punishable by a fine of 
 not less than $50 nor more than $200 and costs of prosecution 
 for each offense.  

    A railroad employee violating this section is guilty of a 
 misdemeanor punishable by a fine of not less than $50 nor more 
 than $100 and costs of prosecution or by imprisonment in the 
 county jail not exceeding 90 days.  

    HIST: (4911) RL s 2037; 1909 c 182 s 1; 1911 c 9 s 1; 1967 c 
 905 s 5; 1969 c 1129 art 3 s 1; 1985 c 265 art 4 s 1; 1987 c 329 
 s 21 

  219.58 Repealed, 1980 c 460 s 32 

  219.59 Repealed, 1980 c 460 s 32 

  219.60 Repealed, 1980 c 460 s 32 

  219.61 Repealed, 1980 c 460 s 32 

  219.62 Repealed, 1980 c 460 s 32 

  219.63 Repealed, 1980 c 460 s 32 

     219.64 Assumption of risk; contributory negligence. 

    An employee of a common carrier who is killed or injured 
 due to improperly adjusted and filled frogs, switches, and 
 guardrails or by a locomotive, tender, car, similar vehicle, or 
 train in use contrary to federal or state railroad safety laws 
 and standards shall not be held to have assumed the risk of 
 death or injury by continuing in the employment of the carrier 
 after obtaining knowledge of the unlawful use of the locomotive, 
 tender, car, similar vehicle, or train; nor may the employee be 
 held to have contributed to the injury when the carrier has 
 violated federal or state railroad safety laws and standards and 
 the violation contributed to the death or injury of the employee.

    HIST: (4920) 1907 c 202; 1909 c 488 s 7; 1980 c 460 s 25; 1985 
 c 265 art 4 s 1 

  219.65 Repealed, 1980 c 460 s 32 

  219.66 Repealed, 1980 c 460 s 32 

     219.661 Speedometer; legislative findings. 

    The legislature finds that the safe operation of 
 locomotives by common carriers by rail within the state requires 
 that they be equipped with fully operable speedometers within 
 view of the engineer or operator of the locomotive.  

    HIST: 1975 c 406 s 1; 1985 c 265 art 4 s 1 

     219.662 Speedometer required; reports. 

    Subdivision 1.    Requirement.  No railroad locomotive 
 may be operated without a speedometer or speed recorder 
 functioning correctly within three miles per hour and within the 
 view of the engineer or operator of the locomotive.  

    Subd. 2.    Compliance period.  A railroad complies with 
 subdivision 1 if, (1) by the first day of October 1975, it has 
 at least one-third of its locomotives equipped with speed 
 indicators or speed recorders as required in subdivision 1, (2) 
 by the first day of October 1976, an additional one-third of the 
 locomotives are so equipped, and (3) by the first day of October 
 1977, its remaining locomotives are so equipped.  

    Subd. 3.    Yard switching service.  Locomotives 
 operated or used exclusively within designated yard limits in 
 switching service need not be equipped in accordance with this 
 section.  

    Subd. 4.    Failure of required equipment.  If the 
 required equipment fails after a locomotive has commenced to 
 move in service, the railroad operating that locomotive is not 
 in violation of this section and section 219.661 if the defect 
 is corrected at the next initial terminal, as defined in section 
 219.551, subdivision 2, where regular maintenance forces are 
 available to repair or replace the equipment.  

    Subd. 5.    Notice of compliance.  A railroad shall 
 notify the commissioner of the date that each locomotive comes 
 into compliance with this section.  The notification shall state 
 the serial number or other identification of the locomotive. 

    Subd. 6.    Compliance list or schedule.  A railroad 
 affected by this section shall maintain at a designated location 
 a list or schedule of the locomotives referred to in subdivision 
 5.  It shall set forth, along with other information, the date 
 that the speed indicator or speed recorder was calibrated and 
 found to be functioning in accordance with this section.  It 
 shall advise the commissioner as to the designated location. 

    Subd. 7.    Enforcement.  The commissioner shall enforce 
 this section and may issue orders proper to require compliance 
 with it. 

    HIST: 1975 c 406 s 2; 1976 c 166 s 49-51; 1985 c 265 art 4 s 1 

  219.67 Repealed, 1980 c 460 s 32 

  219.68 Repealed, 1945 c 21 s 8 

  219.681 Repealed, 2001 c 213 s 31 

  219.69 Repealed, 2001 c 213 s 31 

  219.691 Repealed, 2001 c 213 s 31 

  219.692 Repealed, 2001 c 213 s 31 

  219.695 Repealed, 2001 c 213 s 31 

  219.70 Repealed, 2001 c 213 s 31 

  219.71 Repealed, 2001 c 213 s 31 

  219.72-219.74 Repealed, 1945 c 21 s 8 

  219.741 Repealed, 2001 c 213 s 31 

  219.742 Repealed, 1980 c 534 s 86 

  219.743 Repealed, 2001 c 213 s 31 

  219.75 Repealed, 1945 c 21 s 8 

  219.751 Repealed, 2001 c 213 s 31 

     219.753 Crane on tracks; detector; misdemeanor. 

    A crawler crane, a locomotive crane, or a truck crane, as 
 defined in the definitions of occupational safety and health 
 administration standards of the United States Department of 
 Labor, which operates upon a railroad track and has a boom which 
 extends 12 feet or more vertically above the ground or the 
 rails, must be equipped with a warning device able to detect an 
 electrical line which comes within 15 feet of the boom.  When an 
 electrical line is detected, no person is required to operate 
 the crane unless the electricity is shut off or the electrical 
 line is rerouted in a manner to prevent contact with the 
 machine.  Violation of this section by a person or corporation 
 is a misdemeanor. 

    HIST: 1975 c 286 s 1; 1985 c 265 art 4 s 1 

  219.755 Repealed, 2001 c 213 s 31 

LIABILITY

     219.76 Fire caused by engine; insurable interest. 

    A railroad corporation owning or operating a railroad in 
 this state is responsible in damages to every person and 
 corporation whose property is injured or destroyed by fire 
 communicated directly or indirectly by the locomotive engines in 
 use upon its railroad line.  Each railroad corporation shall 
 have an insurable interest in the property upon the route of its 
 railroad line and may procure insurance in its own behalf for 
 its protection against the damages.  

    HIST: (4932) RL s 2041; 1909 c 378 s 1; 1985 c 265 art 4 s 1 

     219.761 Extinguishing locomotive fire; reimbursement. 

    Subdivision 1.    Reimbursement.  A railroad operating 
 in Minnesota is liable for all reasonable expenses of 
 extinguishment when a fire or fire hazard emergency is 
 proximately caused by a railroad locomotive, rolling stock, or 
 employees on a railroad right-of-way or operating property.  If 
 the fire department of a local government or nonprofit 
 fire-fighting corporation extinguishes a fire arising from one 
 occurrence and deems that it is entitled to reimbursement for 
 its expenses, it shall, within 60 days after the first full day 
 after extinguishment, give the railroad, by mail, written notice 
 stating the circumstances of the fire as then known.  The notice 
 may be given to the railroad at any address at which the owner 
 has an office, agent, or other place of business in this state.  
 The date of the mailing is the date or service of the notice. 

    If after notice and claim for reimbursement, the railroad 
 working the right-of-way refuses to reimburse the local 
 government or nonprofit fire-fighting corporation for expenses 
 incurred, the claimant may recover by civil action reasonable 
 expenses, costs, disbursements, and attorney's fees.  

    Subd. 2.    Information in claim.  All claims must set 
 forth the basis of the claim including the time, date, place, 
 and circumstances of the claim.  A claim must also include an 
 itemization of costs incurred to extinguish the fire.  The state 
 fire marshal, in consultation with fire department chiefs and 
 representatives of the interested railroads, may recommend that 
 additional information be included in a claim. 

    Subd. 3.    Other costs, remedies.  (a) If the railroads 
 are required to pay property taxes pursuant to chapter 272 or 
 any other law, they shall also pay the fees and assessments 
 required of property owners situated within the same political 
 subdivision for fire-fighting and protection expenses. 

    (b) Neither the enactment of this section nor its 
 subsequent repeal or termination alters the statutory or common 
 law rights, duties, or obligations of railroad companies with 
 regard to fires caused directly or indirectly by a railroad 
 locomotive, rolling stock, or employees on a railroad 
 right-of-way or operating property. 

    HIST: 1977 c 95 s 1; 1981 c 32 s 2; 1985 c 265 art 4 s 1 

     219.77 Railroad employer liability. 

    A company, person, or corporation, owning or operating as a 
 common carrier or otherwise a steam railroad or railway in the 
 state, is liable in damages to an employee suffering injury 
 while engaged in that employment; or, in case of death of the 
 employee, to the personal representative for the benefit of the 
 surviving spouse and children of the employee; and if none, then 
 to the employee's parents; and if none, then to the next of kin 
 dependent upon the employee, for injury or death resulting in 
 whole or in part from the negligence of the officers, agents, or 
 employees of the employer, or by reason of a defect or 
 insufficiency in its cars, engines, appliances, machinery, 
 track, roadbed, works, boats, wharves, or other equipment due to 
 the employer's negligence.  

    HIST: (4933) 1915 c 187 s 1; 1923 c 333 s 1; 1951 c 51 s 1; 
 1985 c 265 art 4 s 1; 1986 c 444 

  219.78 Repealed, 1951 c 51 s 2 

     219.79 Contributory negligence does not bar recovery. 

    Subdivision 1.    When damages reduced.  In an action 
 brought against an employer under or by virtue of sections 
 219.77 to 219.83, to recover damages for death or personal 
 injury of the employee, the fact that the employee may have been 
 guilty of contributory negligence does not bar a recovery but 
 the damages must be diminished by the jury in proportion to the 
 amount of negligence attributable to that employee. 

    Subd. 2.    When damages not reduced.  An employee who 
 is injured or killed may not be found guilty of contributory 
 negligence when the employer's violation of a statute enacted 
 for the safety of employees contributed to the injury or death 
 of the employee.  

    HIST: (4935) 1915 c 187 s 3; 1985 c 265 art 4 s 1 

     219.80 Assumption of risk no defense. 

    In an action brought against an employer under or by virtue 
 of sections 219.77 to 219.83 to recover for injuries to or the 
 death of an employee, the employee may not be held to have 
 assumed the risk of the employment. 

    HIST: (4936) 1915 c 187 s 4; 1935 c 69 s 1; 1985 c 265 art 4 s 
 1 

     219.81 Contrary contract declared void. 

    Any contract, rule, or device whatever, the purpose or 
 intent of which is to enable an employer to escape liability 
 created by sections 219.77 to 219.83, is to that extent void.  
 In an action brought against the employer under or by virtue of 
 sections 219.77 to 219.83, the employer may set off any sum the 
 employer has contributed or paid to any insurance, relief, 
 benefit, or indemnity that may have been paid to the injured 
 employee, or to the persons entitled to it on account of the 
 injury or death for which the action was brought. 

    HIST: (4937) 1915 c 187 s 5; 1985 c 248 s 70; 1985 c 265 art 4 
 s 1; 1986 c 444 

     219.815 Employer includes receiver. 

    "Employer," as used in sections 219.77 to 219.83, includes 
 a receiver or other person charged with the duty of management 
 and operation of a business employing labor.  

    HIST: (4938) 1915 c 187 s 6; 1985 c 265 art 4 s 1 

     219.82 Survival of right of action. 

    A right of action given by sections 219.77 to 219.83 to a 
 person suffering injury survives to the personal representative 
 for the benefit of the surviving spouse and children of the 
 employee; and if none, then of the employee's parents; and if 
 none, then of the next of kin dependent upon the employee, but 
 in such cases there shall be only one recovery for the same 
 injury.  

    HIST: (4939) 1915 c 187 s 7; 1923 c 333 s 3; 1985 c 265 art 4 
 s 1; 1986 c 444 

     219.83 Limitation of action. 

    No action may be maintained under sections 219.77 to 219.83 
 unless commenced within two years from the day the cause of 
 action accrues.  

    HIST: (4940) 1915 c 187 s 8; 1985 c 265 art 4 s 1 

  219.84 Repealed, 1980 c 460 s 32 

NEW LINES

  219.85 Repealed, 2001 c 213 s 31 

  219.86 Repealed, 1980 c 460 s 32 

  219.87 Repealed, 1980 c 460 s 32 

  219.88 Repealed, 2001 c 213 s 31 

  219.89 Repealed, 1980 c 460 s 32 

  219.90 Repealed, 1980 c 460 s 32 

  219.91 Repealed, 1980 c 460 s 32 

     219.92 New road. 

    Subdivision 1.    Completion notice; filing.  Before 
 opening to public use a railroad branch, extension, or other 
 railroad constructed by a railroad company, the company (1) 
 shall notify the commissioner that it is finished, safe for 
 operation, and in full compliance with federal track safety 
 standards, and (2) shall file with the commissioner a map and 
 profile of the construction with a table of grades, curvatures, 
 and mileage, a statement of other characteristics of the road, 
 and an itemized statement showing the actual cost of the 
 construction; all in a form complying with the federal track 
 safety standards and attested to by oath of the president or 
 other managing officer and the chief engineer of the company. 

    Subd. 2.    Inspection.  Before the new line is operated 
 as a public road, the commissioner shall inspect it or have it 
 inspected by the state federal track safety inspectors, and 
 furnish the company with a certificate showing compliance with 
 subdivision 1 and that the road has been inspected and found 
 safe for operation. 

    Subd. 3.    Use before completion.  When found desirable 
 to operate before completion a portion of a newly built railroad 
 or a new branch, extension, or otherwise, the commissioner, on 
 application, may authorize the operation of the new portion 
 pending completion of the entire road under terms and conditions 
 the commissioner may impose in the interests of the public. 

    HIST: (4903) RL s 2032; 1907 c 260 s 1; 1913 c 126 s 1; 1971 c 
 25 s 67; 1976 c 166 s 61; 1980 c 460 s 29; 1985 c 265 art 4 s 1 

MISCELLANEOUS

     219.93 Stopping train at crossing. 

    A company operating a railroad shall have all trains on the 
 railroad come to a full stop not less than ten nor more than 60 
 rods before reaching a railroad junction or crossing at grade, 
 unless stoppage is rendered unnecessary by an interlocking plant 
 or other device approved by the written order of the 
 commissioner or by the court upon appeal. 

    HIST: (4905) RL s 2033; 1971 c 25 s 67; 1976 c 166 s 62; 1985 
 c 265 art 4 s 1 

  219.94 Repealed, 1980 c 460 s 32 

  219.95 Repealed, 1980 c 460 s 32 

  219.96 Repealed, 1980 c 460 s 32 

     219.97 Violations; penalties. 

    Subdivision 1. Repealed, 1980 c 460 s 32 

    Subd. 2. Repealed, 1980 c 460 s 32 

    Subd. 3. Repealed, 1980 c 460 s 32 

    Subd. 4.    Violation of grade crossing safety 
 requirement.  A person, firm, or corporation violating 
 sections 219.16 to 219.30 is guilty of a misdemeanor.  The 
 violation of section 219.22 does not of itself constitute 
 contributory negligence as a matter of law.  

    Subd. 5.    Ditch or culvert violation.  A railroad or 
 receiver or lessee of the railroad failing or neglecting to 
 comply with section 219.37 shall forfeit and pay to the state 
 $200 for every mile of a ditch which it fails to keep clean 
 during any season.  This amount must be collected in a civil 
 action brought by the attorney general or by the county attorney 
 of the county through or into which that railroad extends.  

    Subd. 6. Repealed, 2001 c 213 s 31 

    Subd. 7. Repealed, 2001 c 213 s 31 

    Subd. 8. Repealed, 1980 c 460 s 32 

    Subd. 9. Repealed, 1980 c 460 s 32 

    Subd. 10. Repealed, 2001 c 213 s 31 

    Subd. 11. Repealed, 1980 c 460 s 32 

    Subd. 12.    Violation of requirements for new road.  A 
 carrier failing to comply with section 219.92 or with an order 
 of the commissioner made under section 219.92 shall forfeit $100 
 for each day's default, to be recovered in a civil action in the 
 name of the state.  

    Subd. 13.    Violation of provision for stopping train at 
 crossing.  Upon the complaint of any person, a company 
 operating a railroad violating section 219.93 shall forfeit not 
 less than $20 nor more than $100 to be recovered in a civil 
 action before a county or municipal judge of the county in which 
 the violation occurs.  One-half of the forfeiture must go to the 
 complainant and one-half to the school district where the 
 violation occurs. 

    Subd. 14. Repealed, 1980 c 460 s 32 

    Subd. 15. Repealed, 1980 c 460 s 32 

    Subd. 16. Repealed, 1980 c 460 s 32 

    HIST: (4726, 4731, 4732, 4743-17, 4751, 4880, 4888, 4890, 4893, 
 4897, 4900, 4904, 4905, 4906, 4910, 4925) RL s 1993; 2030; 
 2033; 2034; 2036; 1905 c 208 s 2; 1905 c 252 s 3; 1905 c 287 s 
 2; 1907 c 276 s 3; 1909 c 377 s 2; 1909 c 382 s 2; 1913 c 93 s 
 2; 1913 c 126 s 2; 1919 c 335 s 3; 1921 c 244 s 2; 1925 c 336 s 
 17; 1941 c 338 s 1; 1941 c 390 s 1; 1971 c 25 s 67; 1973 c 123 
 art 5 s 7; 1976 c 166 s 63,64; 1980 c 460 s 30; 1983 c 359 s 22; 
 1985 c 265 art 4 s 1 

     219.98 Fees for applying for order. 

    A person other than the state, a state agency, or a 
 political subdivision, who applies for an order of the 
 commissioner of transportation relating to clearances under 
 section 219.47, permitting the abandonment or removal of track, 
 or permitting abandonment of a station or discontinuance or 
 reduction of agency service, shall pay, at the time the 
 application is filed, into the state treasury a fee of $100.  A 
 person other than the state, a state agency, or a political 
 subdivision, applying for an order of the commissioner under any 
 other provision of this chapter shall pay, at the time the 
 application is filed, into the state treasury a fee of $50. 

    HIST: 1Sp1985 c 10 s 82; 1998 c 403 s 29; 2002 c 379 art 1 s 
 57 

     219.99 Railroad prairie right-of-way; best management 
  practices. 

    The commissioner of natural resources shall conduct a field 
 review of railroad rights-of-way to identify native prairie.  
 The priority will be to identify and conduct a field review of 
 any surveys which have been conducted previously, whether by 
 public or private persons, of native prairies within railroad 
 rights-of-way in this state.  In cooperation with railroad 
 companies, the commissioner shall identify management practices 
 used to control vegetation along railroad rights-of-way.  The 
 commissioner shall then assess the impact of those management 
 practices on the prairie lands within the railroad rights-of-way.
 Based on that assessment, the commissioner and railroad 
 companies shall jointly develop voluntary best management 
 practices for prairie lands within railroad rights-of-way. 

    HIST: 1997 c 216 s 125