169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.
Subdivision 1. Requirements.
(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
, 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
(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
, is exempt from the requirement of
school buses to stop at railroad grade crossings.
(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle
track or tracks that are located in a public street when:
(1) the crossing occurs within the intersection of two or more public streets;
(2) the intersection is controlled by a traffic control signal; and
(3) the intersection is marked with signs indicating to drivers that the requirements of this
subdivision do not apply. Notwithstanding any other provision of law, the owner or operator of
the track or tracks is authorized to place, maintain, and display the signs upon and in the view of
the public street or streets.
Subd. 2. Exempt crossing.
(a) The commissioner may designate a crossing as an exempt
(1) if the crossing is on a rail line on which service has been abandoned;
(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling at
speeds of ten miles per hour or less; or
(3) as agreed to by the operating railroad and the Department of Transportation, following a
diagnostic review of the crossing.
(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the
word "Exempt" that conform to section
. 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.
(c) 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.
History: (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; 2002 c 371 art 1 s 44; 1Sp2003 c 9 art 1
s 44; 2004 c 229 s 2; 2004 c 245 s 1; 1Sp2005 c 6 art 3 s 46