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Minnesota Legislature

Office of the Revisor of Statutes

    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.
    Subd. 1a. Violation. A police officer may arrest the driver of a motor vehicle if the police
officer has probable cause to believe that the driver has operated the vehicle in violation of
subdivision 1 within the past four hours.
    Subd. 2. Misdemeanor. (a) A driver who violates subdivision 1 is guilty of a misdemeanor.
(b) The owner or, in the case of a leased vehicle, the lessee of a motor vehicle is guilty of a
petty misdemeanor if a motor vehicle owned or leased by that person is operated in violation of
subdivision 1. This paragraph does not apply to a lessor of a motor vehicle if the lessor keeps a
record of the name and address of the lessee. This paragraph does not apply if the motor vehicle
operator is prosecuted for violating subdivision 1. A violation of this paragraph does not constitute
grounds for revocation or suspension of the owner's or lessee's driver's license.
    Subd. 3. Driver training. All driver education courses approved by the commissioner
of public safety must include instruction on railroad-highway grade crossing safety. The
commissioner of public safety shall by rule establish minimum standards of course content
relating to operation of vehicles at railroad-highway grade crossings.
History: (2720-211) 1937 c 464 s 61; 1986 c 444; 1990 c 468 s 2; 1991 c 298 art 2 s 2;
1Sp1995 c 3 art 16 s 13; 1998 c 403 s 13; 2002 c 371 art 1 s 43; 1Sp2003 c 9 art 10 s 7; 2004
c 229 s 1