2007 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.
History: (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219.02 [Repealed, 1980 c 460 s 32]

219.03 [Repealed, 1980 c 460 s 32]

219.04 [Repealed, 1980 c 460 s 32]

219.05 [Repealed, 1980 c 460 s 32]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.
History: (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219.07 [Repealed, 1980 c 460 s 32]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.
History: 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.
History: 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.
History: 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.
History: 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; CHANGING GRADE OF APPROACHES.
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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: 1991 c 298 art 2 s 6

219.1651 GRADE CROSSING SAFETY ACCOUNT.
A Minnesota grade crossing safety account is created in the special revenue fund,
consisting of money credited to the account by law. Money in the account is appropriated to the
commissioner of transportation for rail-highway grade crossing safety projects on public streets
and highways, including engineering costs. Money in the account at the end of each fiscal year
cancels to the trunk highway fund.
History: 1Sp2005 c 6 art 3 s 85

QUIET ZONES

219.166 ESTABLISHMENT OF QUIET ZONES.
A county, statutory or home rule charter city, or town may apply to the Federal Railroad
Administration for the establishment of a "quiet zone" in which the sounding of horns, whistles,
or other audible warnings by locomotives is regulated or prohibited. All quiet zones, regulations,
and ordinances adopted under this section must conform to federal law and the regulations of the
Federal Railroad Administration under United States Code, title 49, section 20153.
History: 1Sp2001 c 8 art 2 s 59; 1Sp2005 c 6 art 3 s 86

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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: 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.
History: 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.
History: (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 DANGEROUS CROSSING DETERMINATION PROCEDURES AND REMEDIES.
    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.
History: (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.
History: 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.
History: 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.
History: (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.
History: (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.
History: (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 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.
History: 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.
History: (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 centerline 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
centerline 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 centerline 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 centerline of the track is within 14 feet from the centerline 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 centerline of each track, nor closer to any other parallel track than 17 feet
measured from the centerline 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 centerlines
before April 16, 1913, the maintenance of a clearance of less than 13 feet between centerlines 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 centerline 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 centerline of the track at
a point not less than 14-1/2 feet above the top of the rail.
History: (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.
History: (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 centerline 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.
History: (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.
History: (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.
History: (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.
(a) 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.
(b) An exercise of the permission provided for in section 219.47 is at the sole risk of the
carrier.
History: (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.
History: (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.
History: (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.
History: 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.
History: 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.
History: 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.
History: (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.
History: (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 to ring the bell or sound the whistle
on the locomotive, or have it rung or sounded in accordance with Federal Railroad Administration
regulations under United States Code, title 49, section 20153, is guilty of a misdemeanor.
History: (10263) RL s 5001; 1985 c 265 art 4 s 1; 1Sp2005 c 6 art 3 s 87

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.
History: (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
and may be assessed costs of prosecution for each offense.
A railroad employee violating this section is guilty of a misdemeanor and may be assessed
costs of prosecution.
History: (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; 2005 c 10 art 3 s 13

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

219.84 [Repealed, 1980 c 460 s 32]

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]

NEW LINES

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.
History: (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.
History: (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 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]
History: (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; 2006 c 260 art 5 s 5

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.
History: 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. The commissioner shall, to the extent feasible, work with
private individuals and groups to cause to be erected markers at either end of each native prairie
within a railroad right-of-way.
History: 1997 c 216 s 125; 2007 c 57 art 1 s 147